Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50121 of 2026 Arising Out of PS. Case No.-83 Year-2026 Thana- ISMAILPUR District- Bhagalpur ====================================================== Kundan Kumar Son of Upendra Kumar Yadav @ Upendra Yadav Resident of Village- Baijnathpur- Tiri, P.S.- Baijnathpur, District- Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suman Kumar Jha, Advocate For the Opposite Party/s :
Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR ORAL ORDER 22-07-2026 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing for the State.
2. Petitioner is in custody in connection with Ismilepur P.S. Case No. 83 of 2026 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.
3. As per the allegation in the FIR, total 2925 litres illicit Indian made foreign liquor was recovered from the mini hyva vehicle.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that nothing has been recovered from the conscious possession of the petitioner. He further submits that the petitioner has no concern with the recovered liquor. He
Patna High Court CR. MISC. No.50121 of 2026(2) dt.22-07-2026 2/2 next submits that the petitioner is in custody since 20.04.2026 and he has no criminal antecedent as per paragraph 3 of the bail petition.
5. Learned APP appearing on behalf of the State vehemently opposes the prayer for bail of the petitioner and submits that he was the driver of the said vehicle.
6. Considering the aforesaid facts and circumstances of the case and also submission of learned counsel for the petitioner, let the above named petitioner be released on bail, on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court of learned Exclusive Special Excise Judge-I, Bhagalpur in connection with Ismilepur P.S. Case No. 83 of 2026. (Girijish Kumar, J) dhaneshwar/- U T