Patna High Court
Kundan Kumar @ Kundan Singh @ Kunal Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court held that in the absence of any material indicating the petitioner’s constructive possession of the seized illicit liquor, anticipatory bail could be granted under Section 482(2) of the BNSS, 2023.
Summary
The petitioner, Kundan Kumar, sought anticipatory bail fearing arrest in a case (Baniapur PS Case No.180 of 2026) under Section 30(a) of the Bihar Prohibition and Excise Act for alleged involvement in the recovery of 540 litres of illicit liquor. The FIR indicated recovery from a remote location, but the petitioner’s counsel argued that no liquor was found in his constructive possession and that he was falsely implicated based on a chaukidar’s suspicion. The petitioner has six prior criminal cases, five similar to the present matter, and is currently on bail in all of them. He offered to deposit Rs 10,000 in the welfare account of the Patna High Court Lawyers’ Association as a condition for bail. The Court, noting the lack of any material linking the petitioner to the seized liquor, granted anticipatory bail subject to a Rs 10,000 bail bond, two sureties of equal amount, and compliance with Section 482(2) of the BNSS, 2023.
Issues considered
- Whether anticipatory bail can be granted when the petitioner is not in constructive possession of the seized illicit liquor.
- Whether the petitioner’s prior criminal antecedents preclude the grant of anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS, 2023 — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- constructive possession
- bail bond
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33995 of 2026
Arising Out of PS. Case No.-180 Year-2026 Thana- BANIAPUR District- Saran
======================================================
Kundan Kumar @ Kundan Singh @ Kunal Kumar Singh Son of suman singh
@ Suman Nat Resident Of Village- Nagdiha Ps -Baniapur District -Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harsh Anuj
For the Opposite Party/s : Mr. Khurshid Anwar
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 21-05-2026 Heard learned counsel for the petitioner and
learned APP for the State through virtual mode.
2. The petitioner is apprehending his arrest in
connection with Baniapur P.S. Case No.180 of 2026, dated
01.03.2026 registered for the offences under Sections 30(a) of
Bihar Prohibition and Excise Act.
3. As per the FIR, altogether police recovered 540
liters of illicit liquor from bushes situated in remote and open
place.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in the
instant case solely on the basis of suspicion raised by the local
chaukidar. There has been no recovery from the constructive
possession of the petitioner, and he is in no manner connected
Patna High Court CR. MISC. No.33995 of 2026(2) dt.21-05-2026
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with the seized liquor. The petitioner has no concern with the
with the place from where the recovery has been made. Learned
counsel fairly submits that the petitioner has six criminal
antecedents, out of which five are akin to the instant case, and
he is on bail in all the cases.
5. Learned counsel for the petitioner, on instructions,
and without accepting his guilt, proposes to deposit a sum of Rs.
10,000/- (Rupees Ten Thousand only) in the welfare account of
the Lawyers’ Association of the Patna High Court.
6. Regard being had to the submission made by the
parties, taking into consideration the fact that illicit liquor has
not been recovered from the constructive possession of the
petitioner, accordingly, this Court is inclined to grant
anticipatory bail to the petitioner.
7. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
Court below within a period of four weeks from today on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of
learned 1st Special Judge Excise, Saran at Chapra, in connection
with Baniapur P.S. Case No.180 of 2026, subject to the
condition as laid down under Section 482(2) of the BNSS, 2023
Patna High Court CR. MISC. No.33995 of 2026(2) dt.21-05-2026
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and on production of the receipt showing deposit of Rs.10,000/-
as proposed on behalf of the petitioner.
(Ajit Kumar, J)
shikha/-
U T
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