Monu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6499 of 2026 Arising Out of PS. Case No.-689 Year-2025 Thana- RUPASPUR District- Patna ====================================================== Monu Kumar Son of Sohan Ram Resident of Village - Purani Chhawani, English Tola Badaiya, P.S - Badaiya, District- Lakhisarai, at present Renter of Late Janki Manjhi near Chaurasiya Pandukan Jagdeo Path, Pillar no. 15, Murlichak, P.S. - Hawai Adda, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Sharma, Advocate For the Opposite Party/s :
Mrs.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Rupaspur P.S. case No. 689 of 2025 (Special Excise Case No. 2237 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 45 liters liquor was recovered from Scooty.
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
Patna High Court CR. MISC. No.6499 of 2026(2) dt.02-02-2026 2/3 has got no concern with the alleged recovery of liquor. It is further submitted that Scooty in question does not belong to the petitioner. The petitioner has been implicated by the police with ulterior motive. The petitioner is in custody since 29.10.2025 and has got three criminal antecedents. There is no compliance of Section 103 of B.N.S.S., 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 Rupaspur P.S. case No. 689 of 2025 (Special Excise Case No. 2237 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.6499 of 2026(2) dt.02-02-2026 3/3 bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Pankaj/- U T