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Patna High Court

Kundan KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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


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