Monu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29868 of 2026 Arising Out of PS. Case No.-107 Year-2026 Thana- RAJPUR District- Buxar ====================================================== Monu Kumar Son of Rambilas Prasad @ Ram Vilash Prasad Resident Of Village -Near Hanuman Mandir, Khaspur, Ps -Naubatpur, District- Patna, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deepak Kumar, Advocate For the Opposite Party/s :
Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-05-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Rajpur P.S. Case No. 107 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 altogether 452.16 liters of illicit foreign liquor was recovered from a white colored ambulance.
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. He further submits that the petitioner is merely the driver of the said ambulance and had no knowledge regarding the alleged liquor
Patna High Court CR. MISC. No.29868 of 2026(2) dt.07-05-2026 2/2 kept therein. It is further submitted that the witnesses to the seizure list are police personnel, and the police have not complied with Section 105 of the BNSS while effecting 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 22.03.2026.
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 Special Judge, Excise-I, Buxar (Bihar) in connection with Rajpur P.S. Case No. 107 of 2026.
(Ashok Kumar Pandey, J) Sudhanshu/- U T