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Patna High Court

Kundan Kumar @ Kundan Singh @ Kunal Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                           3/3




                         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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