Created by Fuzzy Cloud

Patna High Court

Munna Kumar @ Munna RamversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.