Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82128 of 2025 Arising Out of PS. Case No.-611 Year-2025 Thana- RUPASPUR District- Patna ====================================================== Munna Kumar Son of Late Hari Chauhan Resident of Village - Dariyapur, P.S. - Khijarsaray, District - Gaya, At present Vikash Colony, P.S. - Rupaspur, District -Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shanker Pankaj, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Rupaspur PS Case No. 611 of 2025 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that 75 liters country made liquor along with utensils used in making alcohol were recovered from bush behind the house of the petitioner. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted

Patna High Court CR. MISC. No.82128 of 2025(2) dt.02-12-2025 2/2 that recovery is from an open place, which is accessible to one and all. The petitioner is in custody since 29.09.2025 and has got one criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rupaspur PS Case No. 611 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T