Patna High Court
Kuldeep Kumar @ Kuldeep Yadav @ Kuldip YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner subject to a bond and sureties.
Summary
Kuldeep Kumar was arrested in connection with the recovery of 222.75 litres of illicit foreign liquor from a vehicle, alleged to be an offence under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating that his name was disclosed by a co-accused and that no liquor was found in his possession, and he had been in judicial custody since 8 March 2026. The State opposed bail, highlighting five prior criminal cases against the petitioner. After hearing both sides, the Court considered the lack of direct possession, the possibility of false implication, and the bail conditions. The Court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Excise Court‑I, Supaul.
Issues considered
- Whether bail should be granted to the accused in offences under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
- Whether the absence of seized liquor from the petitioner’s possession and reliance on a co‑accused’s statement affect bail eligibility.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 41
Subjects
- bail
- illicit liquor
- prohibition
- excise
- criminal antecedent
- co‑accused
- Section 30
- Section 41
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28354 of 2026
Arising Out of PS. Case No.-36 Year-2026 Thana- JADIA District- Supaul
======================================================
Kuldeep Kumar @ Kuldeep Yadav @ Kuldip Yadav S/o Domi Yadav R/o
Village - Maura Jharkaha, ward no. 17, PS - Shankarpur District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amrit Abhijat, Adv.
For the Opposite Party/s : Mrs. Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Jadia P.S. Case No. 36 of 2026 corresponding to S.T.
Excise No. 252 of 2026 registered for the offence punishable
under Section 30(a) and 41 of the Bihar Prohibition and Excise
Act.
3. The case of the prosecution, in short, is that from a
vehicle, altogether 222.75 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. Learned counsel also submits that the name of this
Patna High Court CR. MISC. No.28354 of 2026(2) dt.05-05-2026
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petitioner has been disclosed by the apprehended co-accused
namely, Manjesh Kumar. Nothing has been recovered from the
possession of the petitioner. He further submits that the
petitioner is languishing in judicial custody since 08.03.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner has criminal
antecedent of five cases.
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
Exclusive Special Excise Court-I, Supaul in connection with
Jadia P.S. Case No. 36 of 2026 corresponding to S.T. Excise No.
252 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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