Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court held that pre‑arrest bail should be granted, subject to conditions, as the alleged recovery was from an open place and the petitioner claimed innocence.
Summary
The petitioner, Kundan Kumar, was implicated in Maner P.S. Case No. 191 of 2026 for allegedly possessing 9 litres of foreign liquor recovered from an open field behind his house, alleged violation of Section 30(a) of the Bihar Prohibition and Excise Act. He asserted that he had no involvement with the liquor and that the location was accessible to anyone, claiming false implication. The State opposed his request for pre‑arrest bail. The Court considered the nature of the allegation, the open‑field circumstance, and the petitioner's claim of innocence, and directed that he be released on pre‑arrest bail if arrested within four weeks, upon furnishing a bail bond of Rs 10,000 with two sureties, subject to Section 438(2) CrPC and Section 482(2) CrPC. The Court also ordered the District Court to verify his criminal antecedents, stating that the bail order would lapse if he is found involved in other cases. The bail application was consequently disposed of.
Issues considered
- Whether pre‑arrest bail can be granted under Section 438 of the Criminal Procedure Code for an alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the fact that the alleged liquor was recovered from an open place accessible to anyone justifies the grant of pre‑arrest bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2), 482(2)
Subjects
- pre‑arrest bail
- Section 438 CrPC
- Bihar Prohibition and Excise Act
- foreign liquor
- open place
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43832 of 2026
Arising Out of PS. Case No.-191 Year-2026 Thana- MANER District- Patna
======================================================
Kundan Kumar S/o Upendra Ray @ Upendra Kumar R/O Village- Mauli
Nagar, P.S- Maner, DIstrict - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar, Advocate.
For the Opposite Party/s : Mr.Syed Mojibur Rahman, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 08-07-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Maner P.S. Case No. 191 of 2026 registered for the offence
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act, as amended uptodate.
3. Allegation is of recovery of 9 litres of foreign
liquor from the house of the petitioner.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is innocent and he has
been falsely implicated in the case. He has no concern either
with the seized liquor or trade of liquor in any manner. The
liquor which is alleged to be recovered from the house of the
petitioner, has been recovered from a field situated backside the
Patna High Court CR. MISC. No.43832 of 2026(2) dt.08-07-2026
2/2
house of the petitioner which is an open place and is accessible
to anyone.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Having considered the rival submissions made on
behalf of the parties and the nature of allegation against the
petitioner and the fact that the alleged recovery is from an open
place which is accessible to anyone, the petitioner, above
named, is directed to be released on pre-arrest bail, in the event
of his arrest or surrender before the Court below within a period
of four weeks from today, on furnishing bail bond of Rs.
10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of learned District Court where the case
is pending in connection with Maner P.S. Case No. 191 of 2026,
subject to the condition as laid down under Section 438(2) of
the Cr.P.C / Section 482 (2) BNSS.
7. The District Court is directed to verify the criminal
antecedent of the petitioner and if it is found that the petitioner
is involved in some other cases as what has been stated in Para-
3 of the bail petition, this order will automatically lose its force.
8. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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