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Patna High Court

Kunal KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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