Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11343 of 2026 Arising Out of PS. Case No.-416 Year-2025 Thana- Excise Arwal District- Jehanabad ====================================================== Kundan Kumar S/O Sri Upendra Paswan R/O Pahadichak Chanwari, P.SSonepur, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhirendra Prasad Sinha, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Arwal Excise P.S. Case No. 416 of 2025 for the offences registered under Section 30(a) of the Bihar Prohibition and Excise Act.

3. There is recovery of 224.640 litre foreign liquor from the pick-up van bearing Registration No. BR01GE 1301 in which petitioner along with other accused persons were sitting.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner is neither driver nor owner of the said pick-up van. He has no concern

Patna High Court CR. MISC. No.11343 of 2026(2) dt.17-02-2026 2/3 with the seized liquor. Petitioner being a passenger had only taken lift in the said vehicle. He had no knowledge about the seized liquor. Petitioner has no criminal antecedent. He is in judicial custody since 24.12.2025. Similarly situated co-accused persons, namely, Babloo Kumar and Manjit Kumar have already been granted bail by a Co-ordinate Bench of this Court, vide order dated 12.02.2026 passed in Cr. Misc. No. 9103 of 2026.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case, clean antecedent and period of custody undergone by the petitioner, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge-II, Excise, Jehanabad in connection with Arwal Excise P.S. Case No. 416 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the

Patna High Court CR. MISC. No.11343 of 2026(2) dt.17-02-2026 3/3 bail bonds of the petitioner.

(Sunil Dutta Mishra, J) rakhi/- U T