Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Kundan Kumar, was arrested in connection with Special Case No. 65 of 2026 for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act after 334.5 litres of illicit foreign liquor were seized from a car he was driving. He contended that he was merely the driver, had no knowledge of the liquor, and was falsely implicated, emphasizing that the seizure was not conducted in accordance with Section 105 of the BNSS and that he has no prior criminal record. The State opposed bail, arguing the seriousness of the offence. After hearing both sides, the Court considered the procedural lapse in seizure and the petitioner’s lack of antecedents. The Court consequently ordered that the petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the petitioner under the circumstances of the alleged offence.
- Whether the seizure of the liquor complied with Section 105 of the BNSS, affecting the bail decision.
Subjects
- bail
- prohibition act
- illicit liquor
- seizure procedure
- Section 105
- driver
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20743 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- BEUR District- Patna
======================================================
Kundan Kumar S/O Arun Paswan R/O Arwari Sipah, Ward No. 06, P.S-
Arwal, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chetanand Paswan, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Special Case No. 65 of 2026 arising out of Beur P.S. Case
No. 16 of 2026 registered for the offence punishable under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short, is that from a
car, altogether 334.5 liters of illicit foreign liquor was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that the petitioner is the driver of the said
car and he was ignorant of the liquor kept in the car. He further
submits that nothing has been recovered from the possession of
Patna High Court CR. MISC. No.20743 of 2026(2) dt.17-04-2026
2/2
the petitioner. The witnesses of the seizure list are police
personnel and the police has not complied with Section 105 of
the BNSS while making the seizure. Moreover, a statement has
been made in para 3 of the petition that petitioner has no
criminal antecedent and he is languishing in judicial custody
since 09.01.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned court of
Special Judge, Excise-I, Patna in connection with Special Case
No. 65 of 2026 arising out of Beur P.S. Case No. 16 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
Checking your session…