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Patna High Court

Kunal Kumar @ Tunnu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, finding that the seizure did not prima facie establish his possession.

Summary

The petitioner, Kunal Kumar, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018, with 7.59 litres of liquor seized from a grocery shop. He applied for anticipatory bail, arguing that the liquor was not in his conscious possession and that the seizure list lacked independent witnesses, relying only on the statement of an apprehended person, Bablu Kumar. The Additional Public Prosecutor opposed the bail. The court examined the factual submissions and noted that the recovery did not prima facie show possession by the petitioner. Consequently, the court directed that the petitioner be released on bail upon surrender within four weeks, subject to a bail bond of Rs.10,000 with two sureties, under Section 438(2) of the CrPC and Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC given the alleged seizure of illicit liquor.
  • Whether the evidence of seizure establishes conscious possession of the petitioner.
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • possession
  • seizure
  • Bihar Prohibition and Excise Amendment Act
  • Section 438 CrPC
  • Section 482 BNSS
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 42757 of 2026
                    Arising Out of PS. Case No.-41 Year-2026 Thana- CHHABILAPUR District- Nalanda
                 ======================================================
                 Kunal Kumar @ Tunnu Kumar, Son of Late Sidheswar Yadav @ Sidheshwar
                 Singh, Resident of Village- Malisadh, P.S.- Chhabilapur, District- Nalanda,
                 Bihar.

                                                                                   ... ... Petitioner
                                                      Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr. Raj Kishor Prasad, Advocate
                 For the Opposite Party/s:      Mr. Bishweshwar Ram, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   01-07-2026                        Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with Chhabilapur P.S.

                   Case No.41 of 2026 registered under Section 30(a) of the

                   Bihar Prohibition and Excise Amendment Act, 2018.

                                3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is re-

                   covery of 7.59 litres of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for

                   the petitioner that the seized illicit liquor was recovered from

                   a grocery shop, accessible to the general public and, there-
Patna High Court CR. MISC. No. 42757 of 2026(2) dt.01-07-2026
                                            2/3




          fore, it cannot be said that the alleged recovery was made

          from the conscious possession of the petitioner. It is further

          submitted that seizure list also appears doubtful being not

          supported by independent witnesses rather than by police

          personnel. It is also pointed out that the name of the peti-

          tioner surfaced solely on the disclosure made by appre-

          hended person, namely, Bablu Kumar. The petitioner has

          one criminal antecedent, in which, he is on bail.

                       5. Learned APP opposed the prayer of anticipatory

          bail to the petitioner.

                       6. In view of aforesaid factual submissions and by

          taking of note of fact as recovery of illicit liquor prima facie

          not appears to be made from physical possession of this pe-

          titioner, accordingly, the petitioner above-named, in the

          event of his arrest or surrender in the court below within a

          period of four weeks from today, is directed to 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 the learned In-charge, District & Additional

          Sessions Judge-V-cum-Special Judge, Excise-I, Nalanda at
            Patna High Court CR. MISC. No. 42757 of 2026(2) dt.01-07-2026
                                                        3/3




                      Biharsharif in connection with Chhabilapur P.S. Case No.41

                      of 2026, subject to the conditions as laid down under Sec-

                      tion 438(2) of the CrPC/under Section 482(2) of the BNSS.


                                                      (Chandra Shekhar Jha, J.)
    Raushan/-

U       T


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