Patna High CourtCR. MISC./20214/2025bail granted

Munna Kumar @ Munna Singh v. The State Of Bihar

2025-04-03Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20214 of 2025 Arising Out of PS. Case No.-152 Year-2020 Thana- SURYAGARHA District- Lakhisarai ====================================================== Munna Kumar @ Munna Singh S/O Ram Prasad Sharma @ Ram Prasad Singh Resident of Village- Ramchandarpur, P.S.- Pipraiya, DistrictLakhisarai. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ayush Kumar, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Suryagarha P.S. Case No. 152 of 2020, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Earlier, vide order dated 23.05.2023 passed in Cr. Misc. No. 27596 of 2023, the petitioner was granted anticipatory bail by a Co-ordinate Bench of this Court. However, the petitioner did not surrender within period of six weeks and filed a modification application, but the same was rejected vide order dated 19.07.2023 passed in Cr. Misc. No. 46019 of 2023. Therefore, the petitioner has preferred the present application for grant of regular bail.

Patna High Court CR. MISC. No.20214 of 2025(2) dt.03-04-2025 2/3

4. The prosecution case, in short, is that, 907.80 liters liquor was recovered from truck and a boat.

5. 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 for the petitioner also submits that the petitioner was neither present at the spot nor the truck and boat belongs to the petitioner. It is further submitted that local chowkidar disclosed the name of the petitioner. The petitioner is in custody since 20.02.2025 and has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

6. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. 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.

8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.20214 of 2025(2) dt.03-04-2025 3/3 below/concerned Court in connection with Suryagarha P.S. Case No. 152 of 2020.

(Rudra Prakash Mishra, J) Rajorshi/- U T