Patna High Court

Kundan Kumar @ Kundan SinghversusThe State of Bihar

Decided: 23 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

Bail is granted to the petitioner.

Summary

Kundan Kumar was arrested as a passenger in an e‑rickshaw from which 60 litres of country‑made liquor were recovered, leading to charges under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed he was neither the owner nor driver of the vehicle, had no knowledge of the liquor, and no incriminating material was found in his possession; he also had no prior criminal record and alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita. The State opposed bail, but the court, considering the lack of direct evidence, the petitioner’s custody duration since 15‑12‑2025, and the absence of flight risk, decided to grant bail. The court ordered the petitioner to be released on a bail bond of Rs.15,000 with two sureties of the same amount. The order was pronounced by Justice Rudra Prakash Mishra.

Issues considered

Whether bail should be granted to the petitioner under the circumstances of the case
Whether the petitioner’s alleged involvement in the alleged liquor possession warrants continued detention
Whether the requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 have been complied with

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
Bharatiya Nyaya Sanhita, 2023 — s. 317(5)

Subjects

bail
prohibition law
criminal procedure
Bharatiya Nyaya Sanhita
Bihar Prohibition and Excise Act
Section 317
Section 30(a)
Section 103

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12336 of 2026
                  Arising Out of PS. Case No.-547 Year-2025 Thana- CHIRAIYA District- East Champaran
                 ======================================================
                 Kundan Kumar @ Kundan Singh Son of Krishna Kant Singh @ Krishnkant
                 Singh Resident of Village- Badhrwa (Baraharakh), P.S.- Pakaridayal, District-
                 East Champaran
                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Manoj Kumar, Advocate
                 For the Opposite Party/s :       Mr.Narsingh Tanti, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   23-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Chiraiya P.S. Case No. 547 of 2025, instituted for the offences

                   punishable under Section 317(5) of the Bharatiya Nyaya

                   Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that total 60 liters

                   of country made liquor was recovered from E-Rickshaw.

                   Petitioner was arrested on the spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got
           Patna High Court CR. MISC. No.12336 of 2026(2) dt.23-02-2026
                                                       2/2




                     no concern with the alleged recovery of liquor. Learned counsel

                     further submitted that the petitioner was neither owner nor

                     driver of the vehicle, rather he was sitting on the alleged vehicle

                     as a passenger and he has no knowledge regarding nature of

                     goods loaded on the vehicle. The petitioner is in custody since

                     15.12.2025 and has got no criminal antecedent. There is no

                     compliance of Section 103 of the Bharatiya Nagarik Suraksha

                     Sanhita, 2023.

                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Chiraiya P.S. Case

                     No. 547 of 2025.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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Manoj Kumar