Patna High Court
Munna SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail is denied.
Summary
Munna Singh applied for anticipatory bail in a case (Gopalpur P.S. Case No. 28 of 2026) involving the alleged possession of 44.200 litres of illicit liquor recovered from two motorcycles, alleged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner argued he had no direct possession and that his name was linked only through a co‑accused’s confessional statement, while the State highlighted his six pending criminal cases, three of which are under the Excise Act. The High Court considered the lack of possession evidence and the reliance on a co‑accused’s confession, but placed weight on the petitioner’s extensive criminal antecedent. Consequently, the Court rejected the anticipatory bail application but permitted the petitioner to surrender within four weeks, directing the trial court to decide any bail application on the merits at that time. The order thus denies anticipatory bail while providing a procedural avenue for surrender and bail consideration.
Issues considered
- Whether anticipatory bail should be granted when the petitioner is not found in possession of the seized illicit liquor and is implicated solely through a co‑accused’s confession.
- Whether the petitioner’s multiple pending criminal cases, including three under the Excise Act, justify denial of anticipatory bail.
Legislation cited
Subjects
- anticipatory bail
- excise law
- illicit liquor
- criminal antecedent
- confession of co‑accused
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43068 of 2026
Arising Out of PS. Case No.-28 Year-2026 Thana- GOPALPUR District- Gopalganj
======================================================
Munna Singh Son of Nandlal Singh Resident of Village- Bodha Chhapar, P.S.-
Gopalpur, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Javed Aslam, Advocate
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Gopalpur P.S. Case No. 28 of 2026 lodged on 29.01.2026,
for the offence punishable under section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, FIR has been lodged against
four named accused persons including the present petitioner and
driver & owner of a motorcycle. Total recovery of 44.200 litres
of illicit liquor has been made, which is the subject matter of the
present case.
Patna High Court CR. MISC. No.43068 of 2026(2) dt.08-07-2026
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 alleged recovery has been
made from two motorcycles. Counsel further submits that the
name of the petitioner has figured in this case only on the basis
of confessional statement of co-accused. He further submits that
the criminal antecedent of the petitioner is not clean as there are
six cases pending against him and in all the cases, he is on bail.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that criminal antecedent of the
petitioner is not clean as there are six cases pending against him
in which, three cases are registered under 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, liberty is granted to the petitioner that if
he 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
Patna High Court CR. MISC. No.43068 of 2026(2) dt.08-07-2026
3/3
of the petitioner has been 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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