IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55381 of 2026 Arising Out of PS. Case No.-195 Year-2026 Thana- MADHUBAN District- East Champaran ====================================================== Munna Kushwaha @ Munna Kumar @ Munna Bhagat Son of Vanshraj Bhagat @ Vanshraj Prasad R/O village - Sirauli, P.S.- Garahiya Bazar, Dist.- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms.Usha Kumari, Advocate For the Opposite Party/s : Ms.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 07-08-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Madhubani P.S. Case No. 195 of 2026, G.R. No. 1207 of 2026 instituted for the offences under Sections 111(2), 111(4) Bhartiya Nyaya Sanhita 2023 & 30(a), 41 of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 2160 liters liquor was recovered from bamboo orchard. 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 Patna High Court CR. MISC. No.55381 of 2026(2) dt.07-08-2026 2/3 has got no concern with the alleged recovery of liquor. The name of the petitioner transpired on the basis of secret information . It is further submitted that recovery has been made from an open place which is accessible to the public at large. The petitioner is in custody since 26.05.2026 and has got six criminal antecedents. There is no compliance of Section 103 of B.N.S.S., 2023. Co-accused has been granted regular bail by this Bench vide order dated 17.07.2026 passed in Cr. Misc. No. 48431 of 2026. 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, after framing of charge, if not already framed 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 Madhubani P.S. Case No. 195 of 2026, G.R. No. 1207 of 2026, subject to the following conditions:- (I) One of the bailors shall be own/close member of the family of the petitioner. Patna High Court CR. MISC. No.55381 of 2026(2) dt.07-08-2026 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. saurav/- (Rudra Prakash Mishra, J) U T