Kundan Kumar Ray Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Kundan Kumar Ray Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted to both petitioners in Siwan Mufassil P.S. Case No. 236 of 2026, on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.-2, Siwan, subject to conditions: (i) the petitioners shall co-operate in the trial, and (ii) one of the bailors should be a near relative of the petitioners.

Issue for consideration

Whether the petitioners, arraigned in Siwan Mufassil P.S. Case No.236 of 2026 for offences under Sections 111 & 3(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, are entitled to be enlarged on bail.

Court's answer

Having heard learned counsel for the parties and considering the facts and circumstances of the case, the Court was inclined to enlarge the petitioners on bail, subject to the conditions that they co-operate in the trial and that one of the bailors be a near relative of the petitioners.

Ratio / Principle

Both petitioners directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.-2, Siwan in connection with Siwan Mufassil P.S. Case No. 236 of 2026.

Detailed headnote1 paragraphs

BAIL GRANTED — Patna High Court (Ashok Kumar Pandey, J., oral order dated 18-06-2026) enlarged Kundan Kumar Ray and Mandip Kumar on bail in Siwan Mufassil P.S. Case No.236 of 2026, registered under Sections 111 & 3(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, wherein altogether 785.500 liters of illicit foreign liquor was allegedly recovered from a truck. Defence contentions that nothing was recovered from the petitioners' possession, that they were driver and co-driver unaware of the consignment, that the seizure-list witnesses were police personnel and Section 105 of the BNSS was not complied with, and that the petitioners had no criminal antecedent and were in judicial custody since 24.04.2026, were urged; considering the facts and circumstances, the Court granted bail on furnishing bail bond of Rs. 10,000/- each with two like sureties before the Exclusive Special Excise Court No.-2, Siwan, conditioned on co-operation in trial and one bailor being a near relative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37103 of 2026

Arising Out of PS. Case No.-236 Year-2026 Thana- SIWAN MUFFASIL District- Siwan

======================================================

Kundan Kumar Ray S/o Shyam Kumar Ray Resident of Village- Derwa Mathiya, P.S.- Kesharia, District- Motihari

Mandip Kumar S/o Bhola Sahani Resident of Village- Derwa Mathiya, P.S.Kesharia, District- Motihari

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Dewanand Tiwari, Advocate For the Opposite Party/s : Mr. Nagendra Prasad, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

2 18-06-2026

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for bail in connection with Siwan Mufassil P.S. Case No.236 of 2026 registered for the offence punishable under Sections 111 & 3(5) of the BNS and under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

The case of the prosecution, in short, is that from a truck altogether 785.500 liters of illicit foreign liquor was recovered.

Learned counsel appearing on behalf of the petitioners has submitted that nothing has been recovered from the possession of the petitioners. It has been submitted that the witnesses of the seizure list are police personnel and police have

Patna High Court CR. MISC. No.37103 of 2026(2) dt.18-06-2026 2/2

not complied Section 105 of the BNSS while making seizure. It has been submitted that the petitioners are driver and co-driver of the said truck and they were unaware of the consignment. It has been submitted that the petitioners are having no criminal antecedent and they are in judicial custody since 24.04.2026.

The application for bail is opposed by learned APP

for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail with the following conditions:-

(i) the petitioners shall co-operate in the trial and

(ii) one of the bailors should be near relative of the petitioners.

The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each of them with two sureties of the like amount each to the satisfaction of the court of learned Exclusive Special Excise Court No.-2, Siwan in connection with Siwan Mufassil P.S. Case No. 236 of 2026.

(Ashok Kumar Pandey, J)