Patna High Court
Krishnadev Kumar @ Karishnadev KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Krishnadev Kumar was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 219.030 litres of liquor were recovered from the courtyard of his house. The petitioner contended that no liquor was found in his personal possession, that the recovery was from a public open area, and that he was falsely implicated, having no prior criminal record and having been in custody since 25‑12‑2025. He also argued that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of incriminating material in the petitioner’s possession, the short period of custody, and the procedural lapse, the Court granted bail on a bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case.
- Whether the prosecution complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 in the arrest and detention of the petitioner.
Legislation cited
Subjects
- bail
- excise
- liquor seizure
- false implication
- Section 30(a)
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11942 of 2026
Arising Out of PS. Case No.-243 Year-2025 Thana- Excise Jhanjharpur District- Madhubani
======================================================
Krishnadev Kumar @ Karishnadev Kumar Son of Rajdhar Yadav Resident Of
Village -Kishanipatti, Ward No 10, Ps- Phulparas Distt -Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ratnakar Jha, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with G.O.
No. 936 of 2025 arising out of Jhanjharpur P.S. Case No. 243 of
2025 instituted for the offences punishable under Section 30(a)
of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 219.030
litres of liquor has been recovered from the courtyard.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner rather the recovery has been made
from outside the house of the petitioner which is an open place
Patna High Court CR. MISC. No.11942 of 2026(2) dt.23-02-2026
2/2
and the same is accessible to public at large. The petitioner has
got no concern with the alleged recovery of liquor. The
petitioner is in custody since 25.12.2025 and has no criminal
antecedent. There is no compliance of Section 103 of the
Bharatiya Nagarika 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 as also 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 G.O. No. 936 of
2025 arising out of Jhanjharpur P.S. Case No. 243 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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