Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The High Court allowed the bail application, directing the petitioners’ release on bond with the stipulated conditions.
Summary
The petitioners – four men from Darbhanga district – were arrested in connection with a case alleging recovery of 153.9 litres of illicit liquor, an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. They had been in custody since 10 May 2026 and applied for regular bail, offering to donate Rs 25,000 each to a charitable organization and to furnish bail bonds of Rs 10,000 with two sureties. The State opposed the bail. The High Court, after considering the submissions, allowed the bail application, directing release on the stipulated bond and imposing conditions including the charitable donation, attendance at designated police stations on specific Sundays, and verification of the donation receipt. The order was made subject to Section 482(2) of the B.N.S.S. and clarified that the observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
- Whether the conditions imposed by the Court, including a charitable donation and periodic police station attendance, are lawful and appropriate.
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- regular bail
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40528 of 2026
Arising Out of PS. Case No.-153 Year-2026 Thana- DARBHANGA SADAR District-
Darbhanga
======================================================
1. Kundan Kumar S/O Raj Das Resident of village- Donar Gumti,
Gandhinagar, Police Station- Sadar, district- Darbhanga
2. Vinod Kumar Yadav S/O Lal Yadav R/V- Kugraul, PS- Ali Nagar, Distt-
Darbhanga
3. Hanuman S/O Vinod Prasad Gupta @ Binod Prasad Gupta R/V- Dilawarpur,
PS- Bahadurpur, Distt- Darbhanga
4. Md. Nirale S/O Md. Yasin R/V- Dilawarpur, PS- Bahadurpur, Distt-
Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mili Kumari, Adv.
For the Opposite Party/s : Mr. Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The present application has been filed seeking
regular bail in connection with Sadar P.S. Case No. 153 of 2026,
registered for the offences punishable under Section 30(a) of the
Bihar Prohibition and Excise Act, 2022.
3. As per the prosecution case, there is recovery of
153.9 litres of illicit liquor.
4. Learned counsel for the petitioners submit that the
petitioners are quite innocent and have committed no offence.
Patna High Court CR. MISC. No.40528 of 2026(2) dt.23-06-2026
2/3
The petitioners are in custody since 10.05.2026. The petitioners
undertake to donate a sum of Rs. 25,000/- (Rupees Twenty-Five
Thousand Only) each to a charitable organization, without
prejudice to his defence and without admitting guilt.
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Having considered the facts and circumstances of
the case and the submissions advanced on behalf of the parties,
the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand Only) each with two sureties of the like amount each
to the satisfaction of the learned Court concerned where the case
is pending/successor court in connection with Sadar P.S. Case
No. 153 of 2026, subject to the conditions as laid down under
Section 482(2) of the B.N.S.S. with further following
conditions that:-
(i) The petitioners shall
deposit a sum of Rs. 25,000/- (Rupees
Twenty-Five Thousand Only) each
with Ramakrishna Mission
Sevashrama, Swami Vivekananda
Path, Bela, Muzaffarpur, Bihar
842002 and shall produce a valid
receipt thereof before the court below.
The bail bonds shall be accepted only
Patna High Court CR. MISC. No.40528 of 2026(2) dt.23-06-2026
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after verification of the genuineness of
the said receipt.
(ii) The petitioners no. 1 &
2 shall mark their attendance at
Gandhinagar and Kugraul Police
Station respectively, while petitioners
no. 3 & 4 shall mark their attendance
at Bahadurpur Police Station, on first
and third Sunday of each month. In
the event of default, the bail bonds
shall be liable to be cancelled.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
sadique/-
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