Supreme Court reverses bail rejection order by Justice Prabhat Kumar Singh

In Munna Prasad @ Sanjiv Prasad vs. The State of Bihar (2025), Supreme Court's Division Bench of Justices J.K Maheshwari and Vijay Bishnoi passed a 4-page order dated November 4, 2025, wherein, it concluded:''we direct that in the event of arrest, the petitioner shall be released on bail on furnishing suitable bail bonds and sureties and on such other terms and conditions as may be deemed fit by the Station House Officer of the concerned police station.'' The order reads: ''we deem it appropriate to confirm the order of interim protection and deem it appropriate to release the petitioner on anticipatory bail.'' 

The petitioner had approached the Supreme Court apprehending his arrest in connection with FIR dated May 20, 2025 registered at Police Station Manjhauliya, District West Champaran (Bettiah), Bihar for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. The Court had granted interim relief by its order dated September 19, 2025 by directing that nocoercive steps subject to cooperation in the investigation, was issued.

Earlier, in Munna Prasad @ Sanjiv Prasad vs. The State of Bihar (2025), Patna High Court's Justice Prabhat Kumar Singh passed a 2-page long order dated July 2, 2025 concluded:''Considering the nature of accusation and the fact that huge quantity of illicit liquor was recovered from the poultry farm of the petitioner, the prayer for grant of anticipatory bail to the petitioner is rejected.'' 2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 

According to the prosecution case, 240 litres of illicit liquor was recovered from poultry farm of the petitioner. 

The counsel appearing on behalf of the petitioner submitted that petitioner was quite innocent and had committed no offence. No incriminating article was been recovered from conscious possession of this petitioner and he has falsely been implicated in this case merely on suspicion. The alleged illicit liquor has been recovered from an open place, which is accessible to one and all.The A.P.P. for the State had vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that huge quantity of liquor was recovered from the poultry farm of the petitioner.