Patna High Court

Monu KumarversusThe State of Bihar

Decided: 2 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner, subject to bond and surety conditions.

Summary

Monu Kumar applied for bail in a special excise case (Case No. 689 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act, where 45 litres of liquor was recovered from a scooty. The prosecution alleged the liquor was linked to the petitioner, while the petitioner contended the scooty did not belong to him, no incriminating material was found in his possession, and he was falsely implicated. He had been in custody since 29‑10‑2025 and possessed three prior criminal antecedents, and the State had not complied with Section 103 of the B.N.S.S., 2023. The court, after considering the circumstances and the period of custody, decided to grant bail. The petitioner was ordered to furnish a bail bond of Rs.15,000 with two sureties, one of whom must be a close family member, and to appear at every trial date, with the possibility of cancellation on two consecutive defaults.

Issues considered

Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act despite prior criminal antecedents and the recovery of liquor from a vehicle not owned by him.

Legislation cited

B.N.S.S. — s. 103

Subjects

bail
excise law
Bihar Prohibition and Excise Act
Section 30(a)
criminal procedure
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6499 of 2026
                       Arising Out of PS. Case No.-689 Year-2025 Thana- RUPASPUR District- Patna
                 ======================================================
                 Monu Kumar Son of Sohan Ram Resident of Village - Purani Chhawani,
                 English Tola Badaiya, P.S - Badaiya, District- Lakhisarai, at present Renter of
                 Late Janki Manjhi near Chaurasiya Pandukan Jagdeo Path, Pillar no. 15,
                 Murlichak, P.S. - Hawai Adda, Dist. - Patna.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sanjay Kumar Sharma, Advocate
                 For the Opposite Party/s :       Mrs.Asha Devi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   02-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in Rupaspur P.S. case No.

                   689 of 2025 (Special Excise Case No. 2237 of 2025) instituted

                   for the offences under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                               3. The prosecution case, in short, is that 45 liters liquor

                   was recovered from Scooty.

                               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
Patna High Court CR. MISC. No.6499 of 2026(2) dt.02-02-2026
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          has got no concern with the alleged recovery of liquor. It is

          further submitted that Scooty in question does not belong to the

          petitioner. The petitioner has been implicated by the police with

          ulterior motive. The petitioner is in custody since 29.10.2025

          and has got three criminal antecedents. There is no compliance

          of Section 103 of B.N.S.S., 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 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 Rupaspur P.S. case

          No. 689 of 2025 (Special Excise Case No. 2237 of 2025),

          subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two

          consecutive dates, the Trial Court will have liberty to cancel the
           Patna High Court CR. MISC. No.6499 of 2026(2) dt.02-02-2026
                                                       3/3




                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T

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