Patna High Court
Munchun SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail was granted because the liquor was not recovered from the petitioner's conscious possession.
Summary
Munchun Singh was arrested in connection with the recovery of 90 litres of Nepali Saufi liquor from a vehicle bearing registration WB52Z4135. The liquor was alleged to have been seized under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. The petitioner contended that the liquor was not in his conscious possession and that he had been in custody since 3 March 2026. The Additional Public Prosecutor opposed bail, but the court noted the lack of conscious possession and the duration of custody. Consequently, the court granted bail on a bond of Rs. 10,000 with two sureties, emphasizing that the order was prima facie and not a determination on the merits of the case.
Issues considered
- Whether bail can be granted to the petitioner under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act when the seized liquor was not in his conscious possession.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 41(1)
Subjects
- bail
- prohibition and excise
- illegal liquor
- conscious possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 39253 of 2026
Arising Out of PS. Case No.-538 Year-2025 Thana- PATAHI District- East Champaran
======================================================
Munchun Singh S/o Ram Chandra Singh @ Ramchandar Singh Resident of
village- Harnathpur, (Parsauni), P.S.- Pakaridayal, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Adv.
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Patahi P.S. Case No.
538 of 2025 registered under Section 30(a), 41(1) of the Bihar
Prohibition and Excise Act.
3. The allegation is that 90 litres of Nepali Saufi liquor
was recovered from the car bearing Reg. No. WB52Z4135.
4. Learned counsel for the petitioner submits that the
recovery has not been made from the conscious possession of
the petitioner. He further submits that the petitioner is in custody
since 16.03.2026.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering that the recovery has not been made
Patna High Court CR. MISC. No. 39253 of 2026(2) dt.17-06-2026
2/2
from the conscious possession of the petitioner and the
petitioner is in custody since 03.03.2026, this Court is inclined
to grant bail to the petitioner.
7. Let the petitioner, above named, be released
on bail on furnishing bail bonds of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to
the satisfaction of learned Exclusive Special Excise
Court No. III, East Champaran, Motihari, in
connection with Patahi P.S. Case No. 538 of 2025.
8. It is made clear that any observation made
herein is prima facie in nature and limited solely for
the purpose of adjudication of the present bail
application. Such observations shall not be construed
as an expression on the merits of the case and shall not
influence the trial or any other proceedings in any
manner.
(Ansul, J)
Vikash/-
U T
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