Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27726 of 2026 Arising Out of PS. Case No.-85 Year-2026 Thana- GAURICHAK District- Patna ====================================================== 1.

Munna Kumar S/O Rajeshwar Prasad Resident of Village- Aachhechak Chipura, P.S. Parsa Bazar, District- Patna 2.

Ravi Kumar S/O Suresh Prasad Village- Badaroe, P.S.- Lahsuna, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheonandan Pandit, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 06-05-2026 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Gaurichak P.S. Case No. 85 of 2026 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the allegation, petitioners were apprehended from a motorcycle and in turn confessed that they work as liners and illicit liquor was coming from behind in a Hyundai vehicle, that Hyundai vehicle was intercepted and altogether 320 litres of illicit country-made liquor was recovered from the said car.

4. Learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.27726 of 2026(2) dt.06-05-2026 2/3 that petitioners were found driving the motorcycle but from the motorcycle there is no recovery, the motorcycle and the Hyundai Car do not belong to the petitioners. It has further been submitted that the search and seizure is in violation of Section 105 of B.N.S.S. It has further been submitted that petitioner No.1 has got no criminal antecedent while petitioner No.2 was accused in three other cases which are of similar nature and the petitioners are in custody since 04.02.2026.

5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioners and has submitted that the petitioners are actively involved in the trade of liquor and petitioner No.2 was made accused in three other criminal cases of similar nature.

6. Heard the parties and perused the records.

7. Considering the aforesaid facts and circumstances of the case, the petitioners above-named are directed to be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna City, in connection with Gaurichak P.S. Case No. 85 of 2026, with a condition:- (i) It is made clear that if the petitioner No.2 gets

Patna High Court CR. MISC. No.27726 of 2026(2) dt.06-05-2026 3/3 involved himself in similar nature of offence in future, the prosecution would be at liberty to file appropriate application for cancellation of his bail bonds.

8. The application stands allowed.

(Praveen Kumar, J) shivam/- U T