Patna High Court
Achu MundaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
The petitioner, Achu Munda, sought anticipatory bail in an excise case where 50 litres of illicit liquor were recovered from a motorcycle he owned, driven by his maternal brother, under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Amendment Act, 2022. He claimed innocence, no prior criminal record, and offered to donate Rs. 25,000 to a charitable institution without admitting guilt. The High Court, after hearing counsel for both sides, allowed the application for anticipatory bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties, deposit the charitable amount, and attend the police station regularly. The order also required verification of the petitioner’s antecedent before accepting the bail bonds. The bail was granted subject to these conditions under Section 438(2) of the CrPC and Section 482 of the BNSS.
Issues considered
- Whether anticipatory bail should be granted in an excise offence under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Amendment Act, 2022.
- Whether the petitioner’s clean antecedent and willingness to make a charitable donation justify the grant of bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 32(3)
- BNSS — s. 482
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- excise offence
- illicit liquor
- Bihar Prohibition and Excise Amendment Act
- clean antecedent
- charitable donation
- police attendance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38648 of 2026
Arising Out of PS. Case No.-407 Year-2026 Thana- Excise P.S. District- Gaya
======================================================
Achu Munda S/O Badai Munda R/O Village - Tajpur, P S - Chouparan,
District- Hazaribagh, Jharkhand
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinod Kumar
For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Excise P.S. Case No. 407 of 2026 registered for
the offence under Section 30(a) and 32(3) of the Bihar
Prohibition and Excise Amendment Act, 2022.
3. As per the prosecution case, the recovery is of
50 liters of illicit liquor from a motorcycle which was driven by
the maternal brother of the petitioner. The petitioner is the
owner of the motorcycle.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case.
5. Learned counsel for the petitioner submits that
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the petitioner is ready to donate Rs. 25,000/- in some charitable
organization without accepting his guilt. He further submits that
the petitioner has no criminal antecedent.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, 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 concerned Court
below in connection with Excise P.S. Case No. 407 of 2026,
subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure, 1973 / Section 482 of the BNSS.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Math, Village Jharha (near Matua Pahar), Halka
Chilore, P.O. Gurua, Dist. Gayaji, Bihar 824205 and produce the
receipt of the same before the Court below. The bail bonds of
the petitioner shall be accepted after verifying the genuineness
of the receipt produced by the petitioner.
9. As a condition of this order, the petitioner, after
being released on anticipatory bail, is directed to mark his
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attendance at Chouparan Police Station, Hazaribagh, Jharkhand
on first and third Sunday of each month. Any default in
appearance at the police station will result in cancellation of bail
bonds of the petitioner.
10. As the petitioner claims to have clean antecedent,
the Court below, before accepting the bail bonds of the
petitioner is directed to verify the antecedent of the petitioner. If
the petitioner is found to be involved in any other case then the
bail bonds of the petitioner shall not be accepted.
11. Let a copy of this order be communicated to the
Superintendent of Police, Hazaribagh, Jharkhand through FAX
for its compliance.
(Sandeep Kumar, J)
Vikas/-
U
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