Patna High CourtCR. MISC./23392/2026bail granted

Kundan Kumar v. The State Of Bihar

2026-04-08Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23392 of 2026 Arising Out of PS. Case No.-267 Year-2026 Thana- Excise P.S. District- Bhagalpur ====================================================== Kundan Kumar Son of Ganori Das R/O- Nagra Jamalpur Tola, Ward No. 8, P.S.- Naugachiya, Distt.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Pandey, Advocate Mr. Ashutosh Kumar, Advocate For the Opposite Party/s :

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-04-2026 Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Excise (Sadar) P.S. Case no. 267 of 2026 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, 62.625 litres of IMFL was recovered from the vehicle of the petitioner who was taken into custody.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the petitioner's possession who has been falsely implicated in the case. He is in custody since 15.2.2026 and has no criminal antecedent. He undertakes to cooperate in the investigation/trial.

Patna High Court CR. MISC. No.23392 of 2026(2) dt.08-04-2026 2/2

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the petitioner having remained in custody since 15.2.2026 and specially his not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Excise (Sadar) P.S. Case no. 267 of 2026 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge ExciseI, Bhagalpur on the following condition: (i) If it subsequently transpires that the petitioner has a criminal antecedent under the Bihar Prohibition and Excise Act, 2016, the prosecution will be at liberty to move this Court for cancellation of bail of the petitioner.

(Partha Sarthy, J) sauravkrsinha/- U T