Patna High CourtCR. MISC./91898/2025bail granted

Kundan Kumar v. The State Of Bihar

2026-01-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.91898 of 2025 Arising Out of PS. Case No.-801 Year-2025 Thana- GAURICHAK District- Patna ====================================================== Kundan Kumar S/O Ramavachan Prasad Rai @ Ramwachan Prasad Rai @ Rambachan Prasad R/O Village - Nathhupur, P.S- Fatuha, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha, Advocate For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Gaurichak (Pachrukhiya) P.S. case No. 801 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 60 liters liquor was recovered from plastic bucket and the petitioner was arrested on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner

Patna High Court CR. MISC. No.91898 of 2025(2) dt.19-01-2026 2/2 has got no concern with the alleged recovery of liquor. It is further submitted that recovery is made from open place which is easily accessible to one and all. The petitioner is in custody since 19.11.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Gaurichak (Pachrukhiya) P.S. case No. 801 of 2025.

(Rudra Prakash Mishra, J) Pankaj/- U T