Patna High CourtCR. MISC./12336/2026bail granted

Kundan Kumar @ Kundan Singh v. The State Of Bihar

2026-02-23Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12336 of 2026 Arising Out of PS. Case No.-547 Year-2025 Thana- CHIRAIYA District- East Champaran ====================================================== Kundan Kumar @ Kundan Singh Son of Krishna Kant Singh @ Krishnkant Singh Resident of Village- Badhrwa (Baraharakh), P.S.- Pakaridayal, DistrictEast Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the Opposite Party/s :

Mr.Narsingh Tanti, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Chiraiya P.S. Case No. 547 of 2025, instituted for the offences punishable under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 60 liters of country made liquor was recovered from E-Rickshaw. Petitioner was arrested on the 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 has got

Patna High Court CR. MISC. No.12336 of 2026(2) dt.23-02-2026 2/2 no concern with the alleged recovery of liquor. Learned counsel further submitted that the petitioner was neither owner nor driver of the vehicle, rather he was sitting on the alleged vehicle as a passenger and he has no knowledge regarding nature of goods loaded on the vehicle. The petitioner is in custody since 15.12.2025 and has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP 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 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/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chiraiya P.S. Case No. 547 of 2025.

(Rudra Prakash Mishra, J) manish/- U T