Patna High Court

Kundan KumarversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Kundan Kumar, sought anticipatory bail fearing arrest in a case (PS Case No. 698 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act where 509.76 litres of liquor were recovered from a vehicle. He contended that he was neither the owner nor the driver of the vehicle and was falsely implicated, asserting that no prima facie case existed against him. The petitioner also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail, but the Court, after considering the submissions, granted anticipatory bail on the condition that the petitioner surrenders within six weeks and furnishes a bail bond of Rs. 15,000 with two sureties, subject to the conditions of Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita. The order was pronounced by Justice Rudra Prakash Mishra.

Issues considered

Whether anticipatory bail can be granted in the present case under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023
Whether there is a prima facie case against the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act
Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants bail

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
Section 30(a)
Section 103
Section 482(2)
false implication
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3280 of 2026
                     Arising Out of PS. Case No.-698 Year-2025 Thana- KADAMKUAN District- Patna
                 ======================================================
                 Kundan Kumar S/O Akhilesh Chowhan Resident of- Railway Hunter Road
                 Khadpar, P.S-. Kadamkuan,Dist- Patna

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajay Kumar Pandey, Advocate
                 For the Opposite Party/s :      Mr. Lakshmi Kant Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Kadamkuan P.S. Case No. 698 of 2025 instituted for the

                   offences under Section 30(a) of the Bihar Prohibition and Excise

                   Act.

                               3. The prosecution case, in short, is that total 509.76

                   litres of liquor was recovered from car.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Learned counsel further submitted that petitioner is neither the

                   owner nor the driver of the vehicle. The petitioner has got no

                   concern with the alleged recovery of liquor. Learned counsel,
           Patna High Court CR. MISC. No.3280 of 2026(2) dt.19-01-2026
                                                       2/2




                     therefore, submitted that prima-facie, no case is made out

                     against the petitioner. The petitioner has three criminal

                     antecedents. There is no compliance of Section 103 of the

                     Bharatiya Nagarika Suraksha Sanhita, 2023.

                                 5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, let the petitioner above named, in the event of

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory bail on

                     furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)

                     with two sureties of the like amount each to the satisfaction of

                     Court below/concerned Court in connection with Kadamkuan

                     P.S. Case No. 698 of 2025, subject to the conditions as laid

                     down under Section 482(2) of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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