IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33995 of 2026 Arising Out of PS. Case No.-180 Year-2026 Thana- BANIAPUR District- Saran ====================================================== Kundan Kumar @ Kundan Singh @ Kunal Kumar Singh Son of suman singh @ Suman Nat Resident Of Village- Nagdiha Ps -Baniapur District -Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Harsh Anuj For the Opposite Party/s : Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 21-05-2026 Heard learned counsel for the petitioner and learned APP for the State through virtual mode. 2. The petitioner is apprehending his arrest in connection with Baniapur P.S. Case No.180 of 2026, dated 01.03.2026 registered for the offences under Sections 30(a) of Bihar Prohibition and Excise Act. 3. As per the FIR, altogether police recovered 540 liters of illicit liquor from bushes situated in remote and open place. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the instant case solely on the basis of suspicion raised by the local chaukidar. There has been no recovery from the constructive possession of the petitioner, and he is in no manner connected Patna High Court CR. MISC. No.33995 of 2026(2) dt.21-05-2026 2/3 with the seized liquor. The petitioner has no concern with the with the place from where the recovery has been made. Learned counsel fairly submits that the petitioner has six criminal antecedents, out of which five are akin to the instant case, and he is on bail in all the cases. 5. Learned counsel for the petitioner, on instructions, and without accepting his guilt, proposes to deposit a sum of Rs. 10,000/- (Rupees Ten Thousand only) in the welfare account of the Lawyers’ Association of the Patna High Court. 6. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has not been recovered from the constructive possession of the petitioner, accordingly, this Court is inclined to grant anticipatory bail to the petitioner. 7. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the Court below within a period of four weeks from today on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Special Judge Excise, Saran at Chapra, in connection with Baniapur P.S. Case No.180 of 2026, subject to the condition as laid down under Section 482(2) of the BNSS, 2023 Patna High Court CR. MISC. No.33995 of 2026(2) dt.21-05-2026 3/3 and on production of the receipt showing deposit of Rs.10,000/- as proposed on behalf of the petitioner. shikha/- (Ajit Kumar, J) U T