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Patna High Court

Achu MundaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.38648 of 2026(2) dt.17-06-2026
                                            2/3




          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
          Patna High Court CR. MISC. No.38648 of 2026(2) dt.17-06-2026
                                                      3/3




                    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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