Patna High Court

Munna Sah @ Munna KumarversusThe State of Bihar

Decided: 19 February 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court ordered provisional anticipatory bail subject to conditions under Section 482(2) of the BNSS.

Summary

Munna Kumar sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 45 litres of liquor from a motorcycle. The petitioner argued that he was not arrested on the spot, no liquor was found in his possession, and the case was based solely on a confessional statement lacking evidentiary value. The State opposed the bail. The High Court granted provisional anticipatory bail conditioned on a Rs. 25,000 bond with two sureties and directed the trial court to verify the petitioner’s criminal antecedents within six weeks. If more than five prior cases are found, the bail may be revoked; if exactly five, the bail will be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
Whether the confessional statement and lack of seizure constitute sufficient grounds to deny bail.

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
excise law
confessional statement
criminal antecedent
Section 30
Bihar Excise Act
provisional bail
Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7131 of 2026
                   Arising Out of PS. Case No.-599 Year-2025 Thana- BAIRIYA District- West Champaran
                 ======================================================
                 Munna Sah @ Munna Kumar R/o Jagarnath Sah @ Lalita kumar R/o Village -
                 Pokhnaha, Jogiraha, P.S. - Bairiya, District - West Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sunil Kumar No.Iii
                 For the Opposite Party/s :       Mr.Pradeep Narain Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-02-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of five cases out of which four cases

                   are under the Excise Act and allegation is of recovery of 45

                   litres of liquor from a motorcycle.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and he came to be

                   implicated based on the fact that is not the owner of the seized

                   vehicle and he came to be implicated based on confessional
Patna High Court CR. MISC. No.7131 of 2026(2) dt.19-02-2026
                                            2/3




          statement of Suba in police custody which does not have any

          evidentiary value. It is further submitted that once an accused is

          implicated in a case relating to excise, the police starts

          implicating mechanically either at the instance of Chowkidar,

          local person, confessional statement or secret information

          without holding a proper investigation.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   6.     Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the event

          of his arrest or surrender before the learned trial court within a

          period of six weeks from today, be released on Provisional

          anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees

          Twenty-five Thousand) with two sureties of the like amount each

          to the satisfaction of the learned trial court where the case is

          pending/successor court in connection with Bairiya P.S. Case No.

          599 of 2025, subject to the conditions as laid down under Section

          482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the

          event if it is found that petitioner has antecedent of more than five

          cases then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this
              Patna High Court CR. MISC. No.7131 of 2026(2) dt.19-02-2026
                                                          3/3




                        Court, as such, the provisional anticipatory bail order shall not be

                        confirmed, but after verification if it is found that petitioner has

                        antecedent of five cases, in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

Continue reading with your account

Checking your session…