Patna High Court
CR. MISC./58274/2026 of Viswajit Kunwar Vs The State of Bihar on 20 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58274 of 2026 Arising Out of PS. Case No.-513 Year-2026 Thana- Excise P.S. District- Gopalganj ====================================================== Viswajit Kunwar Son of Sheshnath Kunvar Resident of Village- Salehpur, P.S.- Bishambharpur,
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58274 of 2026
Arising Out of PS. Case No.-513 Year-2026 Thana- Excise P.S. District- Gopalganj ======================================================
Viswajit Kunwar Son of Sheshnath Kunvar Resident of Village- Salehpur, P.S.- Bishambharpur, District- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Vyas Kumar Mishra, Advocate
For the Opposite Party/s :
Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
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20-08-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Excise P.S. Case No. 513 of 2026, instituted for the offences punishable under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 180 liters liquor was recovered from two motorcycles out of which 90 liters liquor was recovered from the motorcycle of the petitioner.
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 Patna High Court CR. MISC. No.58274 of 2026(2) dt.20-08-2026
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the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submits that the petitioner was a passerby of that way and was arrested by the police with an ulterior motive. The petitioner is in custody since 18.06.2026 and has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP 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 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/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise P.S. Case No. 513 of 2026.
Rajorshi/- (Rudra Prakash Mishra, J) U T
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