Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Kundan Kumar, was arrested in connection with the seizure of 429 litres of illicit liquor from a car he owned, alleged to be an offence under section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the liquor, that nothing was recovered from his possession, and that the seizure list was prepared solely by police without any independent witness, violating Section 105 of the BNSS. The State opposed his request for regular bail, arguing the seriousness of the offence. The court noted the petitioner’s lack of criminal antecedents and the procedural irregularities in the seizure process. Considering these factors, the court decided to grant regular bail on the condition of a bail bond of Rs.10,000 with two sureties. The order directed his release pending further trial.
Issues considered
- Whether the petitioner is entitled to regular bail under section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the failure to comply with Section 105 of the BNSS in preparing the seizure list warrants bail.
- Whether the absence of possession and lack of independent witnesses justify granting bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 105
Subjects
- bail
- regular bail
- Bihar Prohibition and Excise Act
- illicit liquor
- seizure procedure
- Section 105
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28294 of 2026
Arising Out of PS. Case No.-4 Year-2025 Thana- BHAPTIAHI District- Supaul
======================================================
Kundan Kumar S/o Narayan Mehta R/o Village - Dahupatti Ward No. 8, P.S -
Bhaptiyahi, District - Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prasoon Kumar, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from a car,
altogether 429 liters of illicit liquor was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of the petitioner. He has been
falsely implicated in this case as he is the owner of the said car
but he has no knowledge regarding the alleged consignment of
liquor. There is no independent witness of the seizure list rather
Patna High Court CR. MISC. No.28294 of 2026(2) dt.04-05-2026
2/2
they are police personnel. Police has not followed Section 105
of BNSS while preparing the seizure list. Moreover, he is
languishing in judicial custody since 18.03.2026 and he is
having no criminal antecedent.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
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 released on bail in connection with
Bhaptiyahi P.S. Case No. 4 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Court of P.O. Exclusive
Special Excise Court-I, Supaul.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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