Patna High CourtCR. MISC./4042/2026bail granted

Tuntun Kumar v. The State Of Bihar

2026-01-28Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4042 of 2026 Arising Out of PS. Case No.-130 Year-2025 Thana- Karvandiya District- Rohtas ====================================================== Tuntun Kumar S/o Dhiraj Nat Resident of Village - Karma, Police Station - Karwandia, District - Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Navin Sharma, Advocate For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Karwandia P.S. case No. 130 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 90 liters liquor was recovered from Toto.

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 has got no concern with the alleged recovery of liquor. It is further submitted that the name of the petitioner has transpired

Patna High Court CR. MISC. No.4042 of 2026(2) dt.28-01-2026 2/2 on the basis of disclosure made by apprehended co-accused. The vehicle in question does not belong to the petitioner. The petitioner is in custody since 28.11.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023. Co-accused has been granted bail by this Bench vide Annexure-P/2 to the application.

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, claim based on parity 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 Karwandia P.S. case No. 130 of 2025 (Rudra Prakash Mishra, J) Pankaj/- U T