Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner subject to a Rs. 10,000 bond with two sureties, a Rs. 25,000 charitable deposit, regular police station attendance, and verification of antecedent.
Summary
The petitioner, Kundan Kumar, was arrested in connection with the recovery of 185 litres of illicit liquor and charged under Sections 30(a), 32 and 41 of the Bihar Prohibition and Excise Amendment Act. He applied for bail, asserting his innocence, lack of any criminal antecedent, and willingness to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail application. The Court, after considering the facts and submissions, granted bail on the condition that the petitioner furnish a bail bond of Rs. 10,000 with two sureties of equal amount, deposit Rs. 25,000 with Ramakrishna Sarda Ashram, and produce the receipt. Additional conditions included monthly attendance at Sheikhpura Police Station every Sunday and verification of the petitioner’s clean antecedent before acceptance of the bail bonds.
Issues considered
- What is the appropriate bail disposition for offences under Sections 30(a), 32 and 41 of the Bihar Prohibition and Excise Amendment Act?
- Whether the petitioner’s willingness to make a charitable donation and his claim of a clean antecedent justify granting bail?
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a), 32, 41
Subjects
- bail
- illicit liquor
- prohibition law
- criminal procedure
- surety
- charitable donation
- attendance condition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43593 of 2026
Arising Out of PS. Case No.-55 Year-2026 Thana- SIRARI District- Sheikhpura
======================================================
Kundan Kumar S/O Amirak Yadav Resident of Village- Inday, P.S. and
District- Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Roop Kishan
For the Opposite Party/s : Mr.Md. Nazir Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 06-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Sirari
P.S. Case No. 55 of 2026 registered for the offence under
Sections 30(a), 32, 41 of the Bihar Prohibition and Excise
Amendment Act.
3. The recovery is of 185 liters of illicit liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he is in custody since 7.6.2026.
5. Learned counsel for the petitioner submits that the
petitioner is ready to donate Rs. 25,000/- in some charitable
organization without accepting his guilt. He further submits that
the petitioner has no criminal antecedent.
6. Learned APP appearing for the State opposes the
Patna High Court CR. MISC. No.43593 of 2026(2) dt.06-07-2026
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prayer for bail of the petitioner.
7. Considering the facts and circumstances of the
case and submissions of learned counsel for the petitioner, let
the petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned concerned
Court below in connection with Sirari P.S. Case No. 55 of 2026.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Sarda Ashram, AT+P.O. Rajgir, Nalanda at
Biharsharif, 803116 and produce the receipt of the same before
the Court below. The bail bonds of the petitioner shall be
accepted after verifying the genuineness of the receipt produced
by the petitioner.
9. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Sheikhpura Police Station on every Sunday of each month. Any
default in appearance at the police station will result in
cancellation of bail bonds of the petitioner.
10. As the petitioner claims to have clean
antecedent, the Court below, before accepting the bail bonds of
the petitioner is directed to verify the antecedent of the
Patna High Court CR. MISC. No.43593 of 2026(2) dt.06-07-2026
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petitioner. If the petitioner is found to be involved in any other
case then the bail bonds of the petitioner shall not be accepted.
(Sandeep Kumar, J)
Vikas/-
U
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