Patna High Court
Munna KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioners with specified conditions.
Summary
Munna Kumar and Nitish Kumar were arrested for possession of 63.75 litres of illicit foreign liquor, an offence under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act. They applied for regular bail, asserting innocence, lack of prior criminal record, and willingness to donate Rs.25,000 to charity. The State opposed the bail. The Patna High Court, after considering the facts and submissions, granted bail on the condition that each petitioner furnish a bail bond of Rs.10,000 with two sureties, verify a clean antecedent, deposit Rs.25,000 with Ramakrishna Math, and attend the respective police stations on the first and third Sundays of each month, with default leading to cancellation of bail.
Issues considered
- Whether bail should be granted to accused persons in a case under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act.
- Whether the conditions imposed by the court, including a charitable donation and periodic police attendance, are permissible for bail.
Legislation cited
- Bihar Prohibition & Excise (Amendment) Act — s. 30(a)
Subjects
- bail
- prohibition law
- illicit liquor
- regular bail
- criminal antecedent
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43285 of 2026
Arising Out of PS. Case No.-168 Year-2026 Thana- BIHRA District- Saharsa
======================================================
1. Munna Kumar Son of Yogendra Mukhiya Resident of Village- Hkapara,
ward No. 06, P.S.- Saharsa Sadar, District- Saharsa.
2. Nitish Kumar Son of Rameshwar Sharma Resident of Village- Bhagwanpur,
P.S.- Bhagwanpur, District- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar Singh, Advocate
For the Opposite Party/s : Mr.Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 02-07-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek regular bail in a case registered
for the offence under Section 30(a) of the Bihar Prohibition &
Excise (Amendment) Act.
3. The recovery is of 63.750 litres of illicit foreign
liquor from a vehicle.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have no criminal antecedent. He
further submits that the petitioners are in custody since
08.05.2026 without any fault.
5. Learned counsel for the petitioners also submits
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that the petitioners are ready to donate Rs.25,000/- in some
charitable organization without accepting their guilt.
6. Learned APP appearing for the State opposes the
prayer of the petitioners for grant of bail.
7. Considering the facts and circumstances of the case
as well as the submissions of learned counsel for the petitioners,
this application is allowed.
8. Let the petitioners, above named, be released on
bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand Only) each with two sureties of the like amount each
to the satisfaction of concerned Court below, in connection with
Bihra P.S. Case No. 168 of 2026.
9. At the time of accepting the bail bonds of the
petitioners, the Court below shall verify the statement of the
petitioners that they have clean antecedent. The bail bonds of
the petitioners shall only be accepted if it is found that they have
clean antecedent.
10. This is also subject to the condition that the
petitioners shall deposit an amount of Rs.25,000/- in
Ramakrishna Math, Bhatta Bazar, Purnea and produce the
receipt of the same before the Court below. The bail bonds of
the petitioners shall be accepted after verifying the genuineness
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of the receipt produced by the petitioners.
11. As a condition of this order, after being released
on bail, petitioner no. 1 shall mark his attendance at Saharsa
Sadar Police Station, District-Saharsa, and petitioner no. 2 shall
mark his attendance at Bhagwanpur Police Station, District-
Saharsa, on the first and third Sunday of every month. Any
default in marking attendance at the respective Police Station
shall entail cancellation of the bail bond of the defaulting
petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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