Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court grants bail to the petitioner.
Summary
The petitioner, Kundan Kumar, was arrested in Gaurichak for alleged possession of 60 litres of liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, claiming innocence, lack of incriminating material in his possession, and a clean criminal record. The State opposed the bail, but the court noted the absence of direct evidence, the open nature of the recovery site, and the petitioner’s short period of custody. The court also observed that there was no compliance with Section 103 of the B.N.S.S., 2023, which was not a bar to bail. Considering these factors, the court granted bail on a bond of Rs.15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in the absence of incriminating material and with a clean antecedent.
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91898 of 2025
Arising Out of PS. Case No.-801 Year-2025 Thana- GAURICHAK District- Patna
======================================================
Kundan Kumar S/O Ramavachan Prasad Rai @ Ramwachan Prasad Rai @
Rambachan Prasad R/O Village - Nathhupur, P.S- Fatuha, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Narain Sinha, Advocate
For the Opposite Party/s : Mr.Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Gaurichak
(Pachrukhiya) P.S. case No. 801 of 2025 instituted for the
offences under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 60 liters liquor
was recovered from plastic bucket and the petitioner was
arrested on spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered
from the conscious possession of the petitioner. The petitioner
Patna High Court CR. MISC. No.91898 of 2025(2) dt.19-01-2026
2/2
has got no concern with the alleged recovery of liquor. It is
further submitted that recovery is made from open place which
is easily accessible to one and all. The petitioner is in custody
since 19.11.2025 and has got no criminal antecedent. There is
no compliance of Section 103 of B.N.S.S., 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, clean antecedent and the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Gaurichak
(Pachrukhiya) P.S. case No. 801 of 2025.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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