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Patna High Court

Munna KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioner.

Summary

The petitioner, Munna Kumar, was arrested on suspicion after 120 litres of liquor were recovered from a public place and he was charged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that no incriminating material was found in his possession, he had no prior criminal record, and the arrest was based solely on suspicion without compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, arguing the seriousness of the offence. Considering the lack of direct evidence, the petitioner’s clean record, and the extended period of custody since 4 November 2025, the Court decided to grant bail. The bail was set at a bond of Rs. 15,000 with two sureties of the same amount, subject to the lower court’s satisfaction.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in the absence of incriminating material and after prolonged custody.
  • Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • Section 30(a)
  • Section 103
  • suspicion
  • custody
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90164 of 2025
                     Arising Out of PS. Case No.-485 Year-2025 Thana- PIPRA District- East Champaran
                 ======================================================
                 Munna Kumar Son of Late Bahadur Ram R/o village - Sagar Tola, P.S.- Pipra,
                 Dist.- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dhannjay Kumar II, Advocate
                 For the Opposite Party/s :        Mr. Umanath Mishra, 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 Pipra

                   P.S. Case No. 485 of 2025, instituted for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that 120 liters

                   liquor was recovered from plastic sack under a bridge and the

                   petitioner was arrested on spot.

                                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.90164 of 2025(2) dt.19-01-2026
                                                         2/2




                       for the petitioner also submits that the alleged recovery has been

                       made from an open place and the same is easily accessible to the

                       public at large. It is further submitted that the petitioner has

                       been arrested only on the basis of suspicion. The petitioner is in

                       custody since 04.11.2025 and has got no criminal antecedent.

                       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

                       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/- (Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Pipra P.S. Case No.

                       485 of 2025.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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