Patna High Court
Kunjesh Kumar @ Kujesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
Kunjesh Kumar was apprehended for possible arrest in connection with a case (Bajpatti P.S. Case No. 238 of 2025) involving the alleged possession of 237.6 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, offered to donate Rs. 25,000 to a charitable organization, and asserted a clean antecedent. He applied for anticipatory bail, which was heard by Justice Sandeep Kumar. The court, after considering the facts and the petitioner's submission, granted anticipatory bail subject to conditions including a deposit of Rs. 25,000 to the Ramakrishna Mission, attendance at the police station on specified days, and verification of his clean antecedent, along with bail bonds of Rs. 10,000 with two sureties. The court clarified that its observations were prima facie and would not affect the merits of the trial.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the BNSS in a case involving alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act
- What conditions may be imposed on anticipatory bail in such circumstances
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 30(a)
- Section 482(2)
- clean antecedent
- charitable donation
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44968 of 2026
Arising Out of PS. Case No.-238 Year-2025 Thana- BAJPATTI District- Sitamarhi
======================================================
Kunjesh Kumar @ Kujesh Kumar S/O Shambhu Pandit Resident of village-
Sandhwara, P.S. - Bajpatti,District- Sitamarhi,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Singh
For the Opposite Party/s : Mr. Braj Kishore Pd.(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-07-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Bajpatti P.S. Case No. 238 of 2025 registered for offences under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. There is recovery of 237.6 liters of illicit liquor.
4. Learned counsel for the petitioner submits that the
petitioner is quite innocent and has not committed any offence.
He further submits that the petitioner is ready to donate Rs.
25,000/- (Rupees Twenty Five Thousand Only) in some
charitable organization without accepting his guilt. The
petitioner claims clean antecedent.
5. Learned APP for the State has vehemently opposed
the prayer of the petitioner.
Patna High Court CR. MISC. No.44968 of 2026(2) dt.07-07-2026
2/3
6. Considering the facts and circumstances of the case
and the submission of learned counsel for the petitioner, this
application for anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties
of the like amount each to the satisfaction of learned concerned
Court below in connection with Bajpatti P.S. Case No. 238 of
2025 subject to the conditions as laid down under Section
482(2) of the BNSS and with further condition(s) that:-
(I). The petitioner shall deposit an
amount of Rs. 25,000/- (Rupees Twenty Five
Thousand Only) in Ramakrishna Mission
Sevashrama, Swami Vivekananda Path,
Bela, Muzaffarpur, Bihar 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.
(ii). The petitioner is directed to
mark his attendance in Bajpatti Police
Station on every 1st and 3rd Sunday of each
month. Failure to do so, will result in
cancellation of bail bond of the petitioner.
(iii). At the time of accepting the
Patna High Court CR. MISC. No.44968 of 2026(2) dt.07-07-2026
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bail bonds of the petitioner, the Court below
shall verify the fact whether the petitioner
has clean antecedent or not. If it is found
that the petitioner has clean antecedent then
only his bail bonds shall be accepted by the
Court below.
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)
Shishir/-
U T
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