Kundan Kumar Yadav @ Kundan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47649 of 2025 Arising Out of PS. Case No.-176 Year-2025 Thana- Excise P.S. District- Araria ====================================================== Kundan Kumar Yadav @ Kundan, aged about 26 years (M), S/o Vijay Yadav, Resident of village- Diwanganj, Ward No 04, Police Station-Diwanganj, District- Sunsari (Nepal) ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ramesh Kumar Singh, Advocate For the Opposite Party :

Mrs. Pushpa Sinha.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Araria Excise P.S. Case No. 176 of 2025 dated 03.06.2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution case, total 216 litres of Nepali country made liquor was recovered from the two motorcycles in question.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that no incriminating article has been recovered from the possession of the petitioner. The petitioner

Patna High Court CR. MISC. No.47649 of 2025(2) dt.21-07-2025 2/2 has no concern with the alleged seized liquor and motorcycles in question. It is further submitted that on the alleged date of occurrence, the petitioner was returning from his relative at Narpatganj after attending a family function and when he saw the alleged occurrence, he stopped there and in the meantime, police arrested him. There is no statutory compliance of Section 103 of the B.N.S.S., 2023. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 03.06.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise-II, Araria in connection with Araria P.S. Case No. 176 of 2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T