Munna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28189 of 2026 Arising Out of PS. Case No.-334 Year-2026 Thana- Excise P.S. District- East Champaran ====================================================== Munna Kumar S/o Chandrika Mandal R/o Village - Parsauni Kapoor, P.S - Patahi, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjana Srivastava, Advocate For the Opposite Party/s :
Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-05-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Excise P.S. Case No. 334 of 2026 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short, is that from a bike altogether 90 liters of illicit Nepali country-made liquor was recovered.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Learned counsel for the petitioner also submits that the petitioner is the pillion in the said bike. He also submits that
Patna High Court CR. MISC. No.28189 of 2026(2) dt.04-05-2026 2/2 nothing has been recovered from the possession of the petitioner. The witnesses of the seizure list are police personnel and the police has not complied with Section 105 of the BNSS while making the seizure. Moreover, a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 03.02.2026.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.II, East Champaran at Motihari in connection with Excise P.S. Case No. 334 of 2026. (Ashok Kumar Pandey, J) Sudhanshu/- U T