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Patna High Court

Monu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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