Allowed

Munna Yadav @ Baba @ Amit Kumar v. The State of Bihar

Patna HC13 Aug 2026CR. MISC./54416/2026

Case brief

AI extract

What is this about?

The Patna High Court granted bail to the petitioner named in an FIR for illicit liquor manufacturing under the Excise Act. The court held that recovery from an open field did not constitute conscious physical possession. Being on bail in six other cases, the petitioner was released on a bond of Rs. 10,000 with two sureties within four weeks, relying on Prabhakar Tewari.

What did the court decide?

Petitioner released on bail by furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each, within four weeks of arrest or surrender.

Munna Yadav @ Baba @ Amit Kumar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2026)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.54416 of 2026

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Arising Out of PS. Case No.-119 Year-2025 Thana- SALAIYA District- Aurangabad

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======================================================

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Munna Yadav @ Baba @ Amit Kumar S/O RamLakhan Yadav R/O VillageSonarchak, P.S.- Salaiya, Distt.- Auranbabad.

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Lalan Kumar

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======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

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3 13-08-2026

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Heard the parties

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2.The petitioner is named in the F.I.R. and

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apprehending his arrest in connection with Salaiya P.S. Case No. 119 of 2025 registered for the offences punishable under Section 30(a) of Excise Act.

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The allegation against the petitioner is to be

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engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 75 litres of country made liquor.

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It is submitted by learned counsel appearing on

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behalf of the petitioner that recovery of illicit liquor is made from an open field i.e., Chalho Pahar, which is accessible by general public, where nothing recovered from the conscious physical possession of this petitioner. Petitioner found involved in six more criminal case where he is on bail. It is submitted that if merit of

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this case otherwise appears in favor of the petitioner, merely on

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Patna High Court CR. MISC. No.54416 of 2026(3) dt.13-08-2026 2/2

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the ground of criminal antecedent ordinarily the prayer of bail should not be rejected. In support of his submission learned counsel relied upon the legal report of Hon’ble Supreme Court as available through Prabhakar Tewari vs. State of Uttar Pradesh and Anr. reported in (2020) 11 SCC 648 .

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5 Learned APP, opposes the prayer of bail.

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In view of aforesaid factual submission and by

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taking note of fact as prima-facie recovery of alleged illicit liquor not appears to be made from the conscious physical possession of the petitioner, accordingly petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District and Addl. Sessions Judge cum Exclusive Spl. Judge Excise court no. I, Aurangabad /concerned Court, where the case is pending in connection with Salaiya P.S. Case No. 119 of 2025, subject to the conditions as laid down under Section 482(2) of BNSS.

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(Chandra Shekhar Jha, J)

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Sudha/- U T

Munna Yadav @ Baba @ Amit Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Munna Yadav @ Baba @ Amit Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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