Patna High CourtCR. MISC./28294/2026allowed

Kundan Kumar v. The State Of Bihar

2026-05-04Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28294 of 2026 Arising Out of PS. Case No.-4 Year-2025 Thana- BHAPTIAHI District- Supaul ====================================================== Kundan Kumar S/o Narayan Mehta R/o Village - Dahupatti Ward No. 8, P.S - Bhaptiyahi, District - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that from a car, altogether 429 liters of illicit liquor was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that nothing has been recovered from the possession of the petitioner. He has been falsely implicated in this case as he is the owner of the said car but he has no knowledge regarding the alleged consignment of liquor. There is no independent witness of the seizure list rather

Patna High Court CR. MISC. No.28294 of 2026(2) dt.04-05-2026 2/2 they are police personnel. Police has not followed Section 105 of BNSS while preparing the seizure list. Moreover, he is languishing in judicial custody since 18.03.2026 and he is having no criminal antecedent.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

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 released on bail in connection with Bhaptiyahi P.S. Case No. 4 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of P.O. Exclusive Special Excise Court-I, Supaul.

(Ashok Kumar Pandey, J) Shubham/- U T