Patna High Court
CR. MISC./58593/2026 of Kundan Kumar Vs The State Of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58593 of 2026 Arising Out of PS. Case No.-545 Year-2026 Thana- Excise P.S. District- Nawada ====================================================== Kundan Kumar S/O Late Gore Rajbanshi Resident Of Village- Hardiya Ps- Rajauli District- Nawada
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58593 of 2026
Arising Out of PS. Case No.-545 Year-2026 Thana- Excise P.S. District- Nawada ======================================================
Kundan Kumar S/O Late Gore Rajbanshi Resident Of Village- Hardiya Ps- Rajauli District- Nawada
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Sheo Kumar Prasad, Adv.
For the Opposite Party/s :
Mr. Rabindra Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJ KUMAR
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ORAL ORDER
19-08-2026 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection with Excise P.S. Case No. 545 of 2026, registered for the offences punishable under Section 30(a) of the Excise Act.
3. As per the allegation made in the F.I.R., 47.500 litres of illicit liquor has been recovered from the motorcycle and the learned counsel for the petitioner has submitted that one co-accused Kundan Kumar was apprehended and he has disclosed the name of the petitioner.
4. Learned counsel for the petitioner submits that provisions of Section 105 of the B.N.S.S Act has not been complied with. Further submission that even though the petitioner has been made accused in two cases in which he is Patna High Court CR. MISC. No.58593 of 2026(2) dt.19-08-2026
already on bail he undertakes not to repeat the offence.
5. The petitioner is languishing in jail custody since 30.05.2026.
6. Learned A.P.P. on behalf of the State has opposed the application.
7. Taking into consideration the entire facts and circumstances of the case, the petitioner above-named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Court of LD. S.D.J.M., Purnea, in connection with K. Nagar P.S. Case No. 113/2026, subject to the following conditions:-
(i) The petitioner shall cooperate in the disposal of trial.
(ii) One of the bailors must be close relatives of the petitioner such as mother, father, brother, sister or wife.
(iii) The petitioner will appear on each and every date fixed by the trial court and if, they fails to do so on two consecutive dates, unless they are prevented by extremely adverse circumstances, the learned court below will be at liberty to cancel the bail bond of the petitioner.
(iv) If petitioner repeats the offence of similar nature, Patna High Court CR. MISC. No.58593 of 2026(2) dt.19-08-2026
his bail bond shall be liable to be cancelled by Court below after following due process of law.
(v) Before release, the learned Court below shall verify the criminal antecedent of the petitioner and if the petitioner is found involved in any case other than the case as mentioned in para-3 of the bail petition, the bail bond of the petitioner will not be accepted.
(vi) It is also made clear that there shall not be any delay in verifying the criminal antecedent of the petitioner.
Prachi/- (Raj Kumar, J) U T