Patna High Court
Munna kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Munna Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 66.285 litres of liquor were recovered from behind his house. He claimed innocence, stating that no incriminating material was found in his possession and that the location of the recovery was a public open area. The petitioner had no prior criminal record and had been in custody since 3 December 2025, with the prosecution failing to comply with Section 103 of the BNSS, 2023. The State opposed bail, but the court considered the clean antecedent, lack of evidence, and duration of custody. Consequently, the court granted bail on the condition of a Rs.15,000 bond with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case
- Whether the non‑compliance with Section 103 of the BNSS, 2023 affects the bail decision
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 30(a)
- Bihar Prohibition and Excise Act
- BNSS 2023
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4482 of 2026
Arising Out of PS. Case No.-519 Year-2025 Thana- PIPRA District- East Champaran
======================================================
Munna kumar Son of Baidhnath sah Resident of village- Bharthuiya, Ps-
Pipra, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
Mr. Hemant Ray, Advocate
For the Opposite Party/s : Ms. Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Pipra
PS Case No. 519 of 2025 instituted for the offences under
Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 66.285 liters
liquor was recovered from behind the house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
that recovery is made from behind the house of the petitioner,
Patna High Court CR. MISC. No.4482 of 2026(2) dt.27-01-2026
2/2
which is an open place, accessible to one and all. The petitioner
is in custody since 03.12.2025 and has got no criminal
antecedent/s. There is no compliance of Section 103 of the
BNSS, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, clean antecedent of the petitioner and the period of
custody undergone by the petitioner, this Court is inclined to
grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Pipra PS Case No.
519 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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