Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37786 of 2026 Arising Out of PS. Case No.-2091 Year-2026 Thana- Excise P.S. District- Patna ====================================================== Munna Kumar, S/O Late Akhilesh Ray, Resident of Mohalla- Musallahpur Hat, Ward No 48, P.S.- Kadamkuan, District- Patna, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 17-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Patna Excise P.S. Case No. 2091 of 2026, registered for the alleged offence under Section 30(a) of the Bihar Prohibition & Excise Act.

3. As per prosecution case, the informant received information about the petitioner selling illicit liquor from a dilapidated structure after storing it at the said place. A raid was conducted and from search of the place, recovery of 165 liters of country made liquor was made and the petitioner was apprehended.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.37786 of 2026(2) dt.17-06-2026 2/3 case. Nothing incriminating has been recovered from the person/possession of the petitioner. The recovery has been shown from the semi-constructed structure which does not belong to this petitioner. The petitioner has been apprehended merely on suspicion. The petitioner is in custody since 02.04.2026 and is having clean antecedent.

5. Learned APP for the State opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the nature of recovery and further considering the period of custody of the petitioner along with his clean antecedent, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-III, Patna/court concerned in connection with Patna Excise P.S. Case No. 2091 of 2026, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each

Patna High Court CR. MISC. No.37786 of 2026(2) dt.17-06-2026 3/3 and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T