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Patna High Court

Munna Kumar @ Munna Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                         3/3




                       under Section 482(2) of the Bharatiya Nagarik Suraksha

                       Sanhita, 2023.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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