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Patna High Court

Kundan KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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