Patna High Court
Munna Rajbanshi @ Munna RajbsiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Munna Rajbanshi, was arrested in connection with a case alleging possession of 360 litres of illicit country-made liquor recovered from a hut that does not belong to him. He sought bail, contending that he was falsely implicated based on secret information and that no incriminating article was found in his conscious possession. The prosecution opposed the bail, relying on the recovery of the liquor and the charges under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act. The court noted the petitioner’s lack of prior criminal record, the absence of any seized article from his possession, and the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Considering these circumstances and the period of custody already endured, the court decided to grant bail. The bail was set at a bond of Rs. 15,000 with two sureties of the same amount each.
Issues considered
- Whether bail should be granted to the petitioner under the facts of the case
- Whether the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 have been complied
Legislation cited
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 103
- secret information
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4107 of 2026
Arising Out of PS. Case No.-453 Year-2025 Thana- SIRDALA District- Nawada
======================================================
Munna Rajbanshi @ Munna Rajbsi S/o- Chandramali Rajbanshi @
Chandramauli Rajbanshi Resident of Village- Narauli PS- Sirdalla District-
Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Sheo Nandan Prasad, Advocate
For the Opposite Party : Mr. Tarkeshwar Nath Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Sirdalla
P.S. Case No. 453 of 2025 instituted for the offences punishable
under Sections 30(a), 41 of the Bihar Prohibition and Excise
Act.
3. The prosecution case, in short, is that total 360 litres
of illicit country-made liquor has been recovered from hut of the
petitioner.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner rather the recovery has been made
Patna High Court CR. MISC. No.4107 of 2026(2) dt.27-01-2026
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from hut which does not belong to the petitioner. The petitioner
has got no concern with the alleged recovery of liquor. The
name of the petitioner has transpired on the basis of secret
information. The petitioner is in custody since 26.12.2025 and
has no criminal antecedent. There is no compliance of Section
103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Sirdalla P.S. Case
No. 453 of 2025.
(Rudra Prakash Mishra, J)
atul/-
U T
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