Patna High Court
Munna Ram @ Munna KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to stringent monetary and procedural conditions.
Summary
The petitioner, Munna Ram, applied for anticipatory bail in connection with a case under section 30(a) of the Bihar Prohibition and Excise Act after 95 litres of illicit liquor were seized from his tempo and his brother was caught on the spot. The petitioner contended that he was not driving the vehicle and was falsely implicated, and offered to donate Rs.10,000 to a charitable organization without admitting guilt. The State opposed the bail. The court, after considering the facts and the petitioner's submissions, granted anticipatory bail subject to a cash bond of Rs.10,000, two sureties of equal amount, a donation of Rs.10,000 to a specified charity, verification of the receipt, and regular attendance at the police station every Sunday, invoking Section 438(2) of the CrPC and Section 482 of the BNSS. The order is limited to the bail application and does not prejudice the merits of the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in a case under the Bihar Prohibition and Excise Act.
- Whether the petitioner's claim of non‑involvement and willingness to make a charitable donation affect the grant of bail.
- Whether the conditions imposed by the court are lawful and appropriate under the governing statutes.
Legislation cited
- Bihar Negotiable Sale and Service (BNSS) — s. 482
- Bihar Prohibition and Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 438 CrPC
- Section 482 BNSS
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38251 of 2026
Arising Out of PS. Case No.-30 Year-2026 Thana- AMBA District- Aurangabad
======================================================
Munna Ram @ Munna Kumar S/o Vishnupat Ram R/o vill - Pandey Bigha,
P.s.- Muffasil,Distt.- Aurangabad
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Santosh Kumar Pandey
For the Opposite Party : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 17-06-2026 Heard the parties.
2. The petitioner seeks anticipatory bail in
connection with Amba P.S. Case No.30 of 2026 registered for
the offence under section 30(a) of the Bihar Prohibition and
Excise Act.
3. About 95 liters of illicit foreign and country
made liquor has been recovered from the tempo of the petitioner
and the brother of the petitioner was caught on the spot. The
petitioner is also accused in Simra P.S. Case No.37 of 2023 and
Muffasil P.S. Case No.13 of 2023 both registered under the
Bihar Prohibition & Excise Act.
4. Learned counsel for the petitioner submits
that the petitioner has falsely been implicated in this case and he
was not driving the said vehicle from which the illicit liquor has
been recovered.
5. Learned counsel for the petitioner also
submits that the petitioner is ready to donate Rs.10,000/- in
Patna High Court CR. MISC. No.38251 of 2026(2) dt.17-06-2026
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some charitable organization without accepting his guilt.
6. Learned APP appearing for the State opposes
the prayer for bail of the petitioner.
7. Considering the facts and circumstances of
the case and also the submission of learned counsel for the
petitioner, let the petitioner, above named, in the event of his
arrest/surrender within six weeks from today in the Court below,
be released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned District & Additional Sessions Judge
-cum- Exclusive Special Judge, Excise Court No.1,
Aurangabad / concerned Court below, in connection with Amba
P.S. Case No.30 of 2026, subject to the conditions as laid down
under section 438(2) of the Code of Criminal Procedure /
Section 482 of the BNSS.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs.10,000/- in
Ramakrishna Math, Village-Jharha (near Matua Pahar), Halka
Chilore, P.O. Gurua, Dist. Gayaji, and produce the receipt of the
same before the Court below at the time of furnishing bail
bonds. The bail bonds of the petitioner shall only be accepted
after verifying the genuineness of the receipt produced by him.
Patna High Court CR. MISC. No.38251 of 2026(2) dt.17-06-2026
3/3
9. Further, at the time of accepting the bail
bonds of the petitioner, the Court below shall verify the fact
whether the petitioner is accused in any other case registered
under the Bihar Prohibition & Excise Act, save and except the
cases mentioned above. The bail bonds of the petitioner shall
only be accepted if it is found that he is not involved in any
other case registered under the Bihar Prohibition & Excise Act
save and except the cases mentioned above.
10. Furthermore, the petitioner shall also mark
his attendance at Muffasil Police Station, District- Aurangabad
on every Sunday of the month. Any default in appearance at the
Police Station would result in cancellation of bail bonds of the
petitioner.
11. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
pawan/-
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