Patna High Court
Monu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted as the seizure did not prima facie establish the petitioner's possession or participation in the illegal liquor offence.
Summary
The petitioner, Monu Kumar, was implicated in a case of illegal liquor trade after 6.9 litres of illicit liquor were seized from a vehicle he owned. He was not named in the FIR and the prosecution alleged his involvement solely based on vehicle ownership, without evidence of his conscious possession or participation. The petitioner, who has a prior similar charge, sought anticipatory bail, arguing lack of material linking him to the offence. The Additional Public Prosecutor opposed the bail. The court noted that the seizure did not prima facie establish the petitioner's possession or complicity and therefore granted anticipatory bail, subject to a bond and sureties, under the relevant provisions of the CrPC and the Bihar Prohibition and Excise Act. The bail order directs his release if he surrenders within four weeks.
Issues considered
- Whether anticipatory bail should be granted when the accused is not named in the FIR and is implicated only as the registered owner of the seized vehicle
- Whether the seizure of illicit liquor establishes sufficient prima facie evidence of the accused's involvement in the offence
Legislation cited
- Bihar Negotiable Instruments and Security Act (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- Criminal Procedure Code (CrPC) — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- excise law
- vehicle ownership
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 42918 of 2026
Arising Out of PS. Case No.-38 Year-2024 Thana- AIRPORT District- Patna
======================================================
Monu Kumar, S/o Raj Kumar, R/o Road No. 7, B.V. College, Rukunpura,
P.S.- Hawai Adda, Distt.- Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Bihari Singh, Advocate
For the Opposite Party/s : Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 02-07-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is not named in the FIR
and apprehending his arrest in connection with Hawai Adda
P.S. Case No.38 of 2024 registered under Section 30(a) of
the Bihar Prohibition and Excise Act, 2018.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 6.9 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the seized illicit liquor was recovered from
Patna High Court CR. MISC. No. 42918 of 2026(2) dt.02-07-2026
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a Car bearing Registration No. BR-01PF-9746. It is further
submitted that the petitioner’s name has been surfaced in
the present case solely on the ground that he is the
registered owner of the seized vehicle, and not on the basis
of any material demonstrating his conscious possession,
involvement or complicity in the alleged offence. The
petitioner has one criminal antecedent of similar nature, in
which, he is on bail.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking of note of fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, accordingly, the petitioner above-named, in the
event of his arrest or surrender in the court below within a
period of four weeks from today, is directed to be released
on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Special Judge Excise-I, Patna in
connection with Hawai Adda P.S. Case No.38 of 2024,
Patna High Court CR. MISC. No. 42918 of 2026(2) dt.02-07-2026
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subject to the conditions as laid down under Section 438(2)
of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Raushan/-
U T
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