Patna High CourtCR. MISC./61109/2025allowed

Kundan Kumar v. The State Of Bihar

2025-09-25Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61109 of 2025 Arising Out of PS. Case No.-49 Year-2025 Thana- Excise P.S. District- Jehanabad ====================================================== Kundan Kumar Son of Munchun Prasad @ Mundhun Prasad R/o Mahesh Nagar, Krishnapuri, Road no. 4, P.S. - Patliputra, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 25-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Arwal Excise P.S. Case No. 49 of 2025 for the offence registered under Section 30 (a) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, total 284.250 litres of foreign liquor recovered from the Skoda Car. It is alleged that the petitioner was found sitting in the said Skoda Car.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He has no concern with the seized liquor or Skoda Car. Nothing has been recovered from the conscious possession of the petitioner. Petitioner was neither driver nor owner of the

Patna High Court CR. MISC. No.61109 of 2025(3) dt.25-09-2025 2/2 seized vehicle. He had taken lift in the said car. Petitioner is in jail custody since 24.02.2025, having no criminal antecedent. The charge-sheet has already been submitted after completion of investigation and petitioner undertakes to cooperate in the trial of the case.

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

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties and period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge- II, Jehanabad, in connection with Arwal Excise P.S. Case No. 49 of 2025. (Sunil Dutta Mishra, J) khushbu/- U T