Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52700 of 2026 Arising Out of PS. Case No.-419 Year-2026 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Kundan Kumar Son of Mahesh Ray @ Mahesh Rai Resident of Village- Sama Chak, P.S.- Kajipur (Hajipur Sadar), District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR ORAL ORDER 29-07-2026 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 Hajipur Sadar (Kajipur) P.S. Case No.419 of 2026 registered for the offence punishable under Section 317(5) of BNS and 30(a) of the Bihar Prohibition and Excise (Amendment ) Act, 2022.

3. As per the allegation in the FIR, total 110 litres country made chulai liquor has been recovered from the Splendor motorcycle.

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 incriminating has been recovered from the conscious possession of the petitioner rather the recovery has been made from the Splendor motorcycle,

Patna High Court CR. MISC. No.52700 of 2026(2) dt.29-07-2026 2/2 which belongs to the father of the petitioner. He further submits that the petitioner has no concern with the recovered illicit liquor. He next submits that the petitioner is in custody since 22.06.2026 and he has got one 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 the petitioner has been made accused in another case of similar nature.

6. Considering the aforesaid facts and circumstances of the case, 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 learned Exclusive Special Excise Court no-I cum District and Additional Sessions Judge, Vaishali at Hajipur in connection with Hajipur Sadar (Kajipur) P.S. Case No.419 of 2026. (Girijish Kumar, J) dhaneshwar/- U T