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Patna High Court

Munna SinghversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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
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                       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
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                       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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