Patna High Court
Kunal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000 and specified conditions.
Summary
Kunal Kumar was arrested on 17 April 2026 in connection with the seizure of 155.52 litres of foreign liquor alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. He contended that he had no conscious possession of the liquor, that the seizure occurred at an open place behind a government school, and that he was falsely implicated. The prosecution opposed bail, arguing the seriousness of the offence. The court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedent, but the acceptance of the bond was not to be delayed.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 given the circumstances of the alleged offence.
- Whether the petitioner is likely to tamper with evidence, flee, or otherwise jeopardise the trial.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- Section 30(a)
- Bihar
- false implication
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37647 of 2026
Arising Out of PS. Case No.-297 Year-2026 Thana- MANER District- Patna
======================================================
Kunal Kumar S/o Tarkeshwar Ray Resident of Village - Brahmachari Pokhra,
P.S. - Maner, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoranjan Kumar, Advocate
For the Opposite Party/s : Mr. Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-06-2026 Heard Mr. Manoranjan Kumar, learned counsel for
the petitioner and Mr. Madhura Nand Jha, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
17.04.2026 in connection with Maner P.S. Case No. 297 of
2026, F.I.R. dated 21.11.2025 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 155.52 liters of foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
recovered from the conscious possession of the petitioner rather
the recovery has been made from behind the Government school
Patna High Court CR. MISC. No.37647 of 2026(2) dt.17-06-2026
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which is an open place and accessible to all and as per the
allegation in the FIR the petitioner escaped from the place of
occurrence. He next submits that the petitioner has no role
concern at all with the alleged recovery of liquor. The petitioner
is in custody since 17.04.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Special
Excise Judge, Danapur(Patna) in connection with Maner P.S.
Case No. 297 of 2026, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
Patna High Court CR. MISC. No.37647 of 2026(2) dt.17-06-2026
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verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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