Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court held that bail should be granted subject to a bond, sureties, and a condition for cancellation if a criminal antecedent is later found.
Summary
Kundan Kumar was arrested after 62.625 litres of IMFL were recovered from his vehicle in connection with an Excise case under section 30(a) of the Bihar Prohibition and Excise Act, 2016. He contended that no incriminating article was found on his person, that he was falsely implicated, and that he has no prior criminal record, having been in custody since 15 February 2026. The State opposed his bail application. The Court examined the FIR allegations, the length of his pre‑trial detention, and his clean antecedent, and considered his undertaking to cooperate with the investigation. It concluded that regular bail was appropriate, subject to a bond of Rs.10,000 with two sureties and a condition that bail may be cancelled if a criminal antecedent is later discovered. Consequently, the petitioner was released on bail.
Issues considered
- Whether the petitioner is entitled to regular bail under section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether bail can be conditioned on the future discovery of a criminal antecedent.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- excise
- IMFL
- Bihar Prohibition and Excise Act
- regular bail
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23392 of 2026
Arising Out of PS. Case No.-267 Year-2026 Thana- Excise P.S. District- Bhagalpur
======================================================
Kundan Kumar Son of Ganori Das R/O- Nagra Jamalpur Tola, Ward No. 8,
P.S.- Naugachiya, Distt.- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Pandey, Advocate
Mr. Ashutosh Kumar, Advocate
For the Opposite Party/s : Ms. Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 08-04-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Excise (Sadar) P.S. Case
no. 267 of 2026 registered under section 30(a) of the Bihar
Prohibition and Excise Act, 2016.
3. As per the prosecution case, 62.625 litres of IMFL
was recovered from the vehicle of the petitioner who was taken
into custody.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered from the petitioner’s
possession who has been falsely implicated in the case. He is in
custody since 15.2.2026 and has no criminal antecedent. He
undertakes to cooperate in the investigation/trial.
Patna High Court CR. MISC. No.23392 of 2026(2) dt.08-04-2026
2/2
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the
petitioner having remained in custody since 15.2.2026 and
specially his not having any criminal antecedent, the Court
directs the petitioner to be enlarged on bail in connection with Excise
(Sadar) P.S. Case no. 267 of 2026 on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Special Judge Excise-
I, Bhagalpur on the following condition:
(i) If it subsequently transpires that the petitioner has
a criminal antecedent under the Bihar Prohibition and Excise
Act, 2016, the prosecution will be at liberty to move this Court
for cancellation of bail of the petitioner.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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