Patna High CourtCR. MISC./26884/2026allowed

Munna Kumar Sah v. The State Of Bihar

2026-04-23Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26884 of 2026 Arising Out of PS. Case No.-67 Year-2026 Thana- MAKER District- Saran ====================================================== Munna Kumar Sah Son of Satyanarayan Sah Resident of Village- Mali Tola, Pir Maker, P.S.- Maker,District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 23-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case 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 the orchard of one Baleshwar Rai, altogether 14.535 liters of illicit foreign liquor was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Nothing has been recovered from his possession. The recovery was made from an open place and as the petitioner was standing there, he has been framed in this case. He has no concern with the alleged recovery. It has

Patna High Court CR. MISC. No.26884 of 2026(2) dt.23-04-2026 2/2 further been submitted that the witnesses of the seizure list are police personnel. Police has not complied Section 105 of the B.N.S.S. while making the seizure. Petitioner is languishing in judicial custody since 04.03.2026.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail and has submitted that petitioner is having criminal antecedent of one case.

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 released on bail in connection with Maker P.S. Case No. 67 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Exclusive Special Excise Court, Saran at Chapra.

(Ashok Kumar Pandey, J) lata/- U T