Patna High Court

Kundan KumarversusThe State of Bihar

Decided: 17 February 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The petitioner is entitled to regular bail, subject to a bail bond and conditions.

Summary

The petitioner, Kundan Kumar, was arrested in connection with the seizure of 224.640 litres of foreign liquor from a pick‑up van in Arwal. He claimed to be merely a passenger with no knowledge or control over the liquor, and asserted that no incriminating material was found on his person. The State opposed his bail, while the petitioner highlighted his clean antecedent and the fact that co‑accused had already been granted bail. The Court considered the facts, the petitioner’s lack of possession, his short period of custody, and his clean record. It ordered that regular bail be granted on a bond of Rs.10,000 with two sureties, subject to conditions regarding family surety and appearance in court.

Issues considered

Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act despite the seizure of foreign liquor from the vehicle in which he was a passenger.

Subjects

bail
excise
foreign liquor
Section 30(a)
Bihar Prohibition and Excise Act
criminal procedure
regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11343 of 2026
                    Arising Out of PS. Case No.-416 Year-2025 Thana- Excise Arwal District- Jehanabad
                 ======================================================
                 Kundan Kumar S/O Sri Upendra Paswan R/O Pahadichak Chanwari, P.S-
                 Sonepur, District- Saran.
                                                                  ... ... Petitioner/s
                                              Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dhirendra Prasad Sinha, Advocate
                 For the Opposite Party/s :        Mr. Yogendra Kumar Singh, 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

                   Arwal Excise P.S. Case No. 416 of 2025 for the offences

                   registered under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. There is recovery of 224.640 litre foreign liquor

                   from the pick-up van bearing Registration No. BR01GE 1301 in

                   which petitioner along with other accused persons were sitting.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in this

                   case. No incriminating material has been recovered from the

                   conscious possession of the petitioner. Petitioner is neither

                   driver nor owner of the said pick-up van. He has no concern
Patna High Court CR. MISC. No.11343 of 2026(2) dt.17-02-2026
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          with the seized liquor. Petitioner being a passenger had only

          taken lift in the said vehicle. He had no knowledge about the

          seized liquor. Petitioner has no criminal antecedent. He is in

          judicial custody since 24.12.2025. Similarly situated co-accused

          persons, namely, Babloo Kumar and Manjit Kumar have already

          been granted bail by a Co-ordinate Bench of this Court, vide

          order dated 12.02.2026 passed in Cr. Misc. No. 9103 of 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, clean antecedent

          and period of custody undergone by the petitioner, 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 Special

          Judge-II, Excise, Jehanabad in connection with Arwal Excise

          P.S. Case No. 416 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (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
              Patna High Court CR. MISC. No.11343 of 2026(2) dt.17-02-2026
                                                          3/3




                        bail bonds of the petitioner.


                                                (Sunil Dutta Mishra, J)

rakhi/-

U         T

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