Patna High Court

Monu KumarversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

The petitioner, Monu Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 362.88 litres of liquor were recovered from a co‑accused’s house. He claimed innocence, arguing that no incriminating material was found in his possession and that his name surfaced only through the co‑accused’s statements. The State opposed bail, citing his five prior criminal antecedents and the lack of compliance with Section 103 of the BNSS, 2023. The Court, after considering the facts, the period of custody since 4 November 2025, and the petitioner’s claim of non‑involvement, decided to grant bail. He was released on a bail bond of Rs 15,000 with two sureties, subject to conditions including family surety, regular appearance in court, and possible cancellation on default.

Issues considered

Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence, his custody period, and prior criminal antecedents.

Subjects

bail
prohibition
excise
Section 30
Bihar Prohibition and Excise Act
criminal antecedents
surety
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89279 of 2025
                         Arising Out of PS. Case No.-627 Year-2025 Thana- MANER District- Patna
                 ======================================================
                 Monu Kumar S/O Shri Mahesh Rai R/O Village- Garaiya Asthan, P.S- Maner,
                 Distt.- Patna, Bihar.



                                                                                   ... ... Petitioner/s
                                                        Versus


                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Aditya Kumar, Advocate
                 For the Opposite Party/s :        Mr. Md. Iftekhar Mahmood, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with Maner

                   PS Case No. 627 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 362.88 liters

                   liquor was recovered from the house of co-accused.

                           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
Patna High Court CR. MISC. No.89279 of 2025(2) dt.19-01-2026
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          no concern with the alleged recovery of liquor. Recovery is

          made from the house of the other co-accused person and the

          petitioner has no concern with the same. Name of the petitioner

          has surfaced in this case on the disclosure made by apprehended

          co-accused person. The petitioner is in custody since 04.11.2025

          and has got five 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 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 Maner PS Case No.

          627 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.89279 of 2025(2) dt.19-01-2026
                                                       3/3




                     bail bonds of the petitioner.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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