Patna High Court
Munna Kumar @ Munna RamversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail was denied.
Summary
Munna Kumar was implicated in a case (PS Case No. 273 of 2026) for possession of 12.5 litres of illicit liquor, alleged under Sections 30(a), 41(1) and 52 of the Bihar Prohibition and Excise (Amendment) Act, 2022. He applied for anticipatory bail, claiming innocence and that the liquor was recovered from his motorcycle, not from his conscious possession, and that he was not apprehended at the scene. The State opposed bail, highlighting his eight prior criminal cases, three of which are under the Excise Act. The Patna High Court, considering the seriousness of the offence and his antecedents, refused anticipatory bail but directed that if he surrenders within four weeks, the trial court must decide his bail application on the same day without prejudice to the rejection of anticipatory bail. The order thus leaves the matter to the trial court upon surrender.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the nature of the offence under the Bihar Prohibition and Excise (Amendment) Act, 2022 and his criminal antecedents.
- Whether the trial court can entertain a surrender‑cum‑bail application after the high court’s rejection of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 41(1), 52
Subjects
- anticipatory bail
- excise law
- illicit liquor
- criminal antecedents
- bail
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42226 of 2026
Arising Out of PS. Case No.-273 Year-2026 Thana- BETTIAH CITY District- West
Champaran
======================================================
Munna Kumar @ Munna Ram S/o Buddhu Ram R/o Village - Ambedkar
Nagar, PS - Bettiah Town, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashish Ranjan Garg, Adv.
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner is apprehending arrest in connection
with Bettiah Town P.S. Case No. 273 of 2026 lodged on
10.05.2026, for the offence punishable under Sections 30(a),
41(1) & 52 of the Bihar Prohibition and Excise (Amendment)
Act, 2022, pending in the Court of Special Judge, Excise 1 st,
Bettiah, West Champaran.
3. As per the prosecution, FIR has been lodged against
the sole petitioner and owner of a motorcycle. Total recovery of
12.5 litres of illicit liquor has been made, which is the subject
matter of the present case.
Patna High Court CR. MISC. No.42226 of 2026(2) dt.01-07-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that nothing has been recovered from the conscious
possession of the petitioner and the said recovery has been made
from a motorcycle. Counsel submits that the petitioner was not
apprehended from the place of occurrence. He further submits
that the petitioner has 08 criminal antecedents, out of which, one
case has been disposed of by the Lok Adalat and in rest 07
cases, he is on bail.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the petitioner has 08
criminal antecedents out of which, three cases are registered
under the Excise Act and this aspect must be taken into
consideration.
6. As such, in the present facts and circumstances, this
Court is not inclined to grant bail to the petitioner. Accordingly,
the prayer for anticipatory bail of the petitioner stands rejected.
7. However, if petitioner surrenders before the
concerned Trial Court within a period of 4 weeks from today
then in that case, the Trial Court is directed to pass order on his
surrender-cum-bail application on the same day, without being
prejudice that the anticipatory bail of the petitioner has been
Patna High Court CR. MISC. No.42226 of 2026(2) dt.01-07-2026
3/3
rejected by this Court and the Trial Court shall pass order on the
merit of this case.
(Dr. Anshuman, J)
Divyansh/-
U T
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