Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20743 of 2026 Arising Out of PS. Case No.-16 Year-2026 Thana- BEUR District- Patna ====================================================== Kundan Kumar S/O Arun Paswan R/O Arwari Sipah, Ward No. 06, P.SArwal, Distt.- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chetanand Paswan, Advocate For the Opposite Party/s :
Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 17-04-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Special Case No. 65 of 2026 arising out of Beur P.S. Case No. 16 of 2026 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short, is that from a car, altogether 334.5 liters of illicit foreign liquor was recovered.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that the petitioner is the driver of the said car and he was ignorant of the liquor kept in the car. He further submits that nothing has been recovered from the possession of
Patna High Court CR. MISC. No.20743 of 2026(2) dt.17-04-2026 2/2 the petitioner. The witnesses of the seizure list are police personnel and the police has not complied with Section 105 of the BNSS while making the seizure. Moreover, a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 09.01.2026.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned court of Special Judge, Excise-I, Patna in connection with Special Case No. 65 of 2026 arising out of Beur P.S. Case No. 16 of 2026. (Ashok Kumar Pandey, J) Sudhanshu/- U T