Patna High Court
Kunal KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Kunal Kumar, a student with no prior criminal record, was arrested in connection with the recovery of 636.120 litres of illicit liquor from his under‑construction house, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed he was falsely implicated due to village politics and argued that the house was vacant, with no independent witnesses to the seizure. The State opposed bail, while the petitioner sought regular bail, citing his clean antecedent and the alleged violation of Section 105 of the B.N.S.S. The Court considered the facts, the petitioner’s age, lack of prior offences, and the short period of custody, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Judge Excise‑II, Muzaffarpur. The order was pronounced by Justice Sunil Dutta Mishra.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the seizure.
- Whether the alleged procedural violation under Section 105 of the B.N.S.S. affects the grant of bail.
- Whether the petitioner’s clean antecedent and the nature of the alleged offence justify bail.
Legislation cited
- B.N.S.S. — s. 105
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 105
- political victimisation
- clean antecedent
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11200 of 2026
Arising Out of PS. Case No.-30 Year-2026 Thana- SAHEBGANJ District- Muzaffarpur
======================================================
Kunal Kumar Son of Sanjay Singh @ Sanjay Kumar Singh Resident of
Village - Baitapur, P.S.- Sahebganj, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nachiketa Jha, Advocate
For the Opposite Party/s : Ms. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Sahebganj P.S. Case No. 30 of 2026 for the offences registered
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. On getting secret information regarding selling of
illicit liquor, police party reached at the place of occurrence and
recovered 636.120 litre illicit liquor from the house of the
petitioner.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case due to village politics. The house from where recovery of
illicit liquor has been made is under construction and is open.
No one was residing there. There is no independent witness of
Patna High Court CR. MISC. No.11200 of 2026(2) dt.17-02-2026
2/2
the seizure-list. There is violation of provisions of Section 105
of the B.N.S.S. Petitioner is a student having no criminal
antecedent. He is in judicial custody since 11.01.2026.
5. Learned counsel appearing on behalf of the State
opposes the prayer for grant of bail to the petitioner.
6. Considering the submissions made on behalf of the
parties, facts and circumstances of the case, age and clean
antecedent of the petitioner and period of custody, let the
petitioner, named above, be enlarged on bail upon furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of learned Exclusive
Special Judge Excise-II, Muzaffarpur in connection with
Sahebganj P.S. Case No. 30 of 2026.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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