Kunal Kumar @ Kunal PrasadversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40947 of 2026
                       Arising Out of PS. Case No.-79 Year-2026 Thana- Excise P.S. District- Bhojpur
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                 Kunal Kumar @ Kunal Prasad S/O Munna Lal Prasad Resident of Village-
                 Bind toil, Ward No. 5, P.S.- Ara Nagar, District- Bhojpur.

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Uday Pratap Singh, Advocate
                 For the Opposite Party/s :         Mrs. Shaheen Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   02-07-2026                     Heard Mr. Uday Pratap Singh, learned counsel for

                   the petitioner and Mrs. Shaheen Begum, learned APP for the

                   State.

                                2. Petitioner seeks bail, who is in custody since

                   08.04.2026, in connection with Excise P.S. Case No. 79 of 2026,

                   F.I.R. dated 07.04.2026 registered for the offences punishable

                   under Section 30(a) of the Excise Act.

                                3. Recovery is of 182.600 litres of country made

                   liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. From perusal of the F.I.R. as well as seizure list, it

                   appears that altogether 182.600 litres of country made liquor

                   was recovered from the house of the petitioner.                            Learned
Patna High Court CR. MISC. No.40947 of 2026(2) dt.02-07-2026
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          counsel for the petitioner further submits that from perusal of

          the F.I.R. as well as seizure list that the seizure list witnesses

          are Bihar Home Guard police personnel so               there is non-

          compliance of Sections 103 and 105 of BNSS, 2023. He further

          submits that the police after investigation submitted chargesheet

          against the petitioner and the petitioner is in custody since

          08.04.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for              bail of the

          petitioner and submits that the petitioner carries three more

          cases other than the present one but fairly submits on the basis

          of paragraph-3 of the bail petition that the petitioner is on bail in

          the pending matters.

                       6. Considering the facts and circumstances of the case

          and the fact that there is non-compliance of Sections 103 and

          105 of the BNSS, 2023, let the petitioner, above named, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of learned Exclusive Special Judge Excise Court

          No. II, Bhojpur at Ara in connection with Excise P.S. Case No.

          79 of 2026, subject to the following conditions :-

                       (1) Petitioner shall co-operate in the trial and shall be
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                         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.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedents, 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)
Ibrar//-

U          T