Created by Fuzzy Cloud

Patna High Court

KUNDAN KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that regular bail may be granted as the petitioner has been in custody for a short period and the charge sheet has been filed.

Summary

The petitioner, Kundan Kumar, was arrested in connection with the recovery of 162 litres of illicit liquor from his motorcycle under Section 30(a) of the Bihar Prohibition & Excise Act. He argued that no incriminating material was found in his conscious possession, he has a clean antecedent, and he has been in custody since 12 January 2026 with a charge‑sheet already filed. The State opposed the bail application. The High Court considered the short period of custody and the fact that the charge‑sheet had been submitted, and consequently allowed the regular bail. The petitioner was ordered to be released on furnishing a bail bond of Rs.10,000 with two sureties of the same amount. The order was pronounced by Justice Prabhat Kumar Singh.

Issues considered

  • Whether regular bail should be granted to the accused under Section 30(a) of the Bihar Prohibition & Excise Act considering the facts of custody period, charge‑sheet filing, and lack of incriminating material in his possession.

Subjects

  • regular bail
  • excise law
  • illicit liquor
  • Section 30(a)
  • Bihar Prohibition & Excise Act
  • criminal procedure
  • custody period
  • charge sheet

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13472 of 2026
                       Arising Out of PS. Case No.-142 Year-2025 Thana- Excise P.S. District- Araria
                 ======================================================
                 KUNDAN KUMAR S/o Shyam Kishore Yadav R/o vill - Mirdaul, Simrahi,
                 P.S.- Narpatganj, Distt.- Araria

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Mrigendra Kumar, Advocate
                 For the Opposite Party/s :         Mr. Umeshanand Pandit, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   03-04-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in connection with

                   Araria Excise P. S. Case No. 142 of 2025 registered for the

                   offence punishable under Section 30(a) of the Bihar Prohibition

                   & Excise Act.

                                3. As per prosecution case, 162 liters illicit liquor was

                   recovered from the motorcycle of this petitioner.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner and he is no way connected with the

                   aforesaid recovery. Petitioner claims clean antecedent and is in

                   custody since 12.01.2026. Charge-sheet has already been

                   submitted.
              Patna High Court CR. MISC. No.13472 of 2026(2) dt.03-04-2026
                                                          2/2




                                     5. However, learned A.P.P. for the State vehemently

                        opposed the bail application.

                                     6. Considering period of custody and the fact that

                        chargesheet has been submitted, this bail application is allowed.

                        The petitioner, above named, is directed to be released on bail

                        on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two

                        sureties of the like amount each to the satisfaction of the learned

                        District & Additional Sessions Judge-cum-Exclusive Special

                        Judge, Excise II, Araria in connection with Araria Excise P. S.

                        Case No. 142 of 2025.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.