Patna High Court
Munna Kumar @ Munna Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that, in the absence of direct incriminating material and given the questionable evidentiary value of the co‑accused’s confession, the petitioner is entitled to anticipatory bail.
Summary
The petitioner, Munna Kumar, sought anticipatory bail after learning of a pending case (PS Case No. 273 of 2025) under Sections 30(a) and 62 of the Bihar Prohibition and Excise Act, alleging that 388.8 litres of liquor had been seized. He contended that no incriminating material was found in his possession, he was not present at the scene, and the only link to him was a confessional statement by a co‑accused, which he argued lacked evidentiary value. The petitioner also highlighted that a co‑accused had been granted bail in a related matter and that the State had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail. The Court, after considering the submissions, ordered that the petitioner be released on anticipatory bail upon furnishing bail bonds and sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case under the Bihar Prohibition and Excise Act.
- Whether the confessional statement of a co‑accused provides sufficient basis to deny bail.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 affects the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103, 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- Section 103
- Section 482
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88977 of 2025
Arising Out of PS. Case No.-273 Year-2025 Thana- Bikramganj Excise District- Rohtas
======================================================
Munna Kumar @ Munna Kumar Singh S/o- Gopal Singh Village- Balihar
Suryapura Near Banglanath Mandir Po and PS- Suryapur Distt-Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh, Advocate
For the Opposite Party/s : Mrs. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends arrest in connection with
Bikramganj P.S. Case No. 273 of 2025, registered under
Sections 30(a) and 62 of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 388.800
liters liquor has been recovered in this case.
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. Learned counsel
Patna High Court CR. MISC. No.88977 of 2025(2) dt.15-01-2026
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for the petitioner also submits that the petitioner was not present
at the place of occurrence. Name of the petitioner has transpired
in this case on the basis of confessional statement made by co-
accused, namely, Brijesh Kumar Singh and the same has got no
evidentiary value. Learned counsel for the petitioner, therefore,
contends that prima-facie, no case is made out against the
petitioner. The petitioner has got one criminal antecedent.
Learned counsel for the petitioner further submits that other co-
accused has been granted bail by this Court vide order dated
10.12.2025 passed in Cr. Misc. No. 85299 of 2025. There is no
compliance of Section 103 of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named in the event of arrest/surrender
before the learned Court below within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bikramganj P.S.
Case No. 273 of 2025, subject to the conditions as laid down
Patna High Court CR. MISC. No.88977 of 2025(2) dt.15-01-2026
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under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Rudra Prakash Mishra, J)
Rajorshi/-
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