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2026 DAILYLAW 30534 (PAT)

Monu Kumar v. The State of Bihar

CR. MISC./998/2026 · 2026-01-19

R P Mishra

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.998 of 2026 Arising Out of PS. Case No.-181 Year-2025 Thana- KIUL RAIL P.S. District- Lakhisarai ====================================================== 1. Monu Kumar S/o Manohar Ray R/o vill - Nayatola Raghopur, P.S.- Bakhtiyarpur, Distt.- Patna 2. Suman Kumar S/o Sanjay Kumar R/o vill - Nayatola Raghopur, P.S.- Bakhtiyarpur, Distt.- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjit Kumar Thakur, Adv. For the Opposite Party/s : Mr. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 19-01-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in connection with Rail Kiul PS Case No. 181 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 96 liters of foreign liquor was recovered at the railway platform. 4. Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioner have got no concern with the alleged recovery of liquor. Learned Patna High Court CR. MISC. No.998 of 2026(2) dt.19-01-2026 2/2 counsel for the petitioners submit that recovery has been made from the railway platform which is an open place which is accessible to public at large and the petitioners were only the passerby of the way and have become victim of the circumstances. The petitioners are in custody since 24.11.2025 and have got clean criminal antecedent. 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 petitionesr. 6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners. 7. Let the petitioners 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 Rail Kiul PS Case No. 181 of 2025. Siddharth Soni/- (Rudra Prakash Mishra, J) U T