Munna Kumar Singh @ Munna Singh @ Muna Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47610 of 2026 Arising Out of PS. Case No.-259 Year-2025 Thana- DINARA District- Rohtas ====================================================== Munna Kumar Singh @ Munna Singh @ Muna Singh S/o Gopal Singh R/o Village - Basuhari, PS - Dinara, District - Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nagendra Upadhyay, Advocate For the Opposite Party/s :
Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-07-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Dinara P.S. Case No. 259 of 2025 instituted for the offences under Sections 20(b)(ii), 22 of the N.D.P.S. Act and Section 30(a) of the Bihar Prohibition and Excise Act.
3. Earlier, vide order dated 16.09.2025 passed in Cr. Misc. No. 58032 of 2025, the prayer of the petitioner for grant of anticipatory bail was rejected by a coordinate Bench of this Court against which the petitioner moved before Hon'ble Supreme Court of India vide SLP (Crl.) No. 16049 of 2025 which was also dismissed vide order dated 28.01.2026.
4. Prosecution case, in short, is that total 7.8 kg ganja
Patna High Court CR. MISC. No.47610 of 2026(2) dt.16-07-2026 2/3 and 17.1 litres of illicit liquor has been recovered from the cowshed of the house of the co-accused Gopal Singh, who is the father of the present petitioner.
5. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is in custody since 02.03.2026 and has two criminal antecedents. There is no allegation of tampering of witnesses alleged against the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner rather the recovery has been made from the house of one Gopal Singh, who is the father of the petitioner and he has already been granted bail by a coordinate Bench of this Court vide order dated 21.08.2025 passed in Cr. Misc. No. 56469 of 2025. Petitioner has no concern with the alleged recovery. The recovered contraband is below commercial quantity, and hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.
6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances of the case, claim based on parity, recovered contraband being
Patna High Court CR. MISC. No.47610 of 2026(2) dt.16-07-2026 3/3 less than the commercial quantity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dinara P.S. Case No. 259 of 2025.
(Rudra Prakash Mishra, J) Alok Verma/- U T