Patna High Court
Monu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioners, ordering them to furnish a bail bond of Rs.15,000 with two sureties.
Summary
Monu Kumar and Suman Kumar were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 96 litres of foreign liquor was recovered from a railway platform. The petitioners claimed they were innocent passers‑by with no incriminating material found on them and had clean criminal records. They argued that the recovery took place in a public open area and that there was no compliance with Section 103 of the BNSS, 2023. The State opposed bail. Considering the lack of direct evidence, the petitioners' clean antecedents, and the period of custody already served, the Court granted bail on condition of a bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the recovery and lack of direct evidence.
- Whether the non‑compliance with Section 103 of the BNSS, 2023, affects the grant of bail.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- Section 30(a)
- Section 103
- custody
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.998 of 2026
Arising Out of PS. Case No.-181 Year-2025 Thana- KIUL RAIL P.S. District- Lakhisarai
======================================================
1. Monu Kumar S/o Manohar Ray R/o vill - Nayatola Raghopur, P.S.-
Bakhtiyarpur, Distt.- Patna
2. Suman Kumar S/o Sanjay Kumar R/o vill - Nayatola Raghopur, P.S.-
Bakhtiyarpur, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Kumar Thakur, Adv.
For the Opposite Party/s : Mr. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with Rail Kiul
PS Case No. 181 of 2025 instituted for the offences under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 96 liters of
foreign liquor was recovered at the railway platform.
4. Learned counsel for the petitioners submit that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioners. The petitioner have
got no concern with the alleged recovery of liquor. Learned
Patna High Court CR. MISC. No.998 of 2026(2) dt.19-01-2026
2/2
counsel for the petitioners submit that recovery has been made
from the railway platform which is an open place which is
accessible to public at large and the petitioners were only the
passerby of the way and have become victim of the
circumstances. The petitioners are in custody since 24.11.2025
and have got clean criminal antecedent. 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 petitionesr.
6. Considering the aforesaid facts and circumstances of
the case and the period of custody undergone by the petitioners,
this Court is inclined to grant bail to the petitioners.
7. Let the petitioners 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 Rail Kiul PS Case
No. 181 of 2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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