Patna High Court
Kundan Kumar @ Kundan Kumar Nut @ Kundan NutversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the recovery of illicit liquor was not made from the petitioner's conscious possession, warranting the grant of anticipatory bail.
Summary
The petitioner, Kundan Kumar, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, based on the recovery of 16 litres of liquor from a motorcycle registered in his name. He contended that he was not present at the scene, the bike was lent to a neighbour, and the liquor was not in his conscious possession. The Additional Public Prosecutor opposed his anticipatory bail application. The court examined the factual submissions and noted that the recovery did not appear to be from the petitioner's direct possession. Consequently, the court directed that the petitioner be released on anticipatory bail, subject to a bond and sureties, under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The bail order was conditioned on surrender within four weeks and compliance with the special judge’s directions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the alleged illegal liquor trade.
- Whether ownership of the motorcycle used to transport the liquor establishes the petitioner's participation in the offence.
- Whether the recovery of illicit liquor from the vehicle constitutes sufficient grounds to deny bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- CrPC Section 438
- BNSS Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33369 of 2026
Arising Out of PS. Case No.-525 Year-2023 Thana- MASHRAK District- Saran
======================================================
Kundan Kumar @ Kundan Kumar Nut @ Kundan Nut S/o Dudhnath Nut @
Dudhnath Nut R/o vill - Bazid Bhoraha/ Bajitbhoraha, P.S.- Madhaurah,
Distt.- Saran at Chapra
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr.Ajit Kumar Singh, Advocate
For the Opposite Party : Mr.Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 29-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Mashrakh P.S.
Case No.525 of 2023 registered under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
total recovery of 16 litres IMFL/country-made liquor from
the petitioner and other, namely, Dinesh Kumar.
4. It is submitted by learned counsel appearing for
the petitioner that the name of this petitioner arrayed solely
Patna High Court CR. MISC. No.33369 of 2026(3) dt.29-06-2026
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for the reason that the petitioner is the owner of motorcycle
bearing Registration No. BR04AM- 5104,which was involved
in carrying illicit liquor. It is also submitted that the
petitioner was neither present at the place of occurrence nor
the petitioner is in any way connected with the alleged
liquor. It is further argued that the bike of petitioner was
given to his neighbour for doing some personal work. It is
also submitted that recovery of illicit liquor was not made
from conscious possession of this petitioner. Explaining
criminal antecedent, it is submitted that the petitioner found
involved in 7 more criminal cases, where he is on bail.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, accordingly, the petitioner, above-named, in the
event of his arrest or surrender in the court below within a
period of four weeks from today, is directed to be released
on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Patna High Court CR. MISC. No.33369 of 2026(3) dt.29-06-2026
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Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court of Spl. (Special) Judge
Excise-02, “Saran at Chapra, in connection with Mashrakh
P.S. Case No.525 of 2023, subject to the conditions as laid
down under Section 438(2) of the CrPC/under Section
482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
aniket/-
U T
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