Kundan Kumar v. The State of Bihar
Case brief
What is this about?
Patna High Court, CRIMINAL MISCELLANEOUS No.7518 of 2025, decided 20-06-2025 by Chandra Prakash Singh, J (arising out of Ujiyarpur P.S. Case No. 193 of 2024, District Samastipur). Anticipatory bail application in a Bihar Prohibition and Excise Act case (offence u/s 30(a)); alleged recovery of 378 litres of illicit foreign liquor from Tata-407; petitioner stated to be innocent registered owner who had sold vehicle to co-accused Kamlesh Sahni, no criminal antecedent. Section 76(2) statutory bar raised by State; Full Bench precedent Ram Vinay Yadav vs. State of Bihar, 2019 (2) PLJR 1089 referred by counsel on maintainability of anticipatory bail despite the bar. Outcome: application allowed; anticipatory bail on arrest/surrender within six weeks with Rs. 20,000 bail-bond and two like sureties, subject to section 482(2) B.N.S.S. conditions, before concerned Court, Samastipur.
What did the court decide?
Anticipatory bail granted: petitioner to be enlarged on bail upon arrest/surrender within six weeks, furnishing bail-bond of Rs. 20,000/- with two sureties of the like amount each, subject to conditions under section 482(2) B.N.S.S., to the satisfaction of the learned Court concerned, Samastipur, in connection with Ujiyarpur P.S. Case No. 193 of 2024.