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Patna High Court

Kishan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner, subject to a bail bond and sureties.

Summary

The petitioner, Kishan Kumar, a driver of an auto‑rickshaw, was arrested after police intercepted his vehicle and recovered 249.81 litres of illicit foreign liquor. He was charged under Section 30(a) of the Bihar Prohibition and Excise Act and several sections of the B.N.S.S., including 318(4), 303(2), 317(5), 61(2) and 3(5). The petitioner claimed innocence, arguing that he was merely the driver, had no knowledge of the liquor, and that the procedure under Section 105 of the B.N.S.S. was not complied with. The State opposed bail, citing the seriousness of the offence and the petitioner’s prior criminal record. The Court, after considering the submissions and circumstances, ordered the petitioner to be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties, and allowed the application.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the nature of the offences and alleged procedural lapses under Section 105 of the B.N.S.S.

Legislation cited

  • B.N.S.S. — s. 105, 303(2), 317(5), 318(4), 3(5), 61(2)

Subjects

  • bail
  • prohibition
  • excise
  • illicit liquor
  • seizure
  • procedural compliance
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15191 of 2026
                       Arising Out of PS. Case No.-11 Year-2026 Thana- AMDABAD District- Katihar
                 ======================================================
                 Kishan Kumar Son of Manoj Kumar Ray @ Manoj Kumar Resident of
                 Larkania Tola, Langra Chowk, P.S.- Nagar, District- Katihar
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bimal Kumar, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   24-04-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Amdabad P.S. Case No.

                   11 of 2026 registered for the offences punishable under Section

                   30(a) of the Bihar Prohibition and Excise Act and Sections

                   318(4), 303(2), 317(5), 61(2) and 3(5) of the BNS.

                                3. As per the prosecution case, on receiving secret

                   information, the informant, along with his police party, reached

                   the alleged place of occurrence and intercepted a yellow-

                   coloured auto-rickshaw coming from the opposite direction. On

                   seeing the police party, the driver attempted to flee but was

                   apprehended, and he disclosed his name as Kishan Kumar

                   (petitioner). Upon search, a total of 249.810 litres of illicit

                   foreign liquor was recovered from the said auto-rickshaw in a

                   concealed state.
              Patna High Court CR. MISC. No.15191 of 2026(3) dt.24-04-2026
                                                          2/2




                                     4. Learned counsel for the petitioner has submitted

                        that the petitioner is innocent and has falsely been implicated in

                        this case merely on the basis of being a driver of the said seized

                        vehicle. It has also been submitted that the procedure prescribed

                        under Section 105 of the B.N.S.S. has not been followed. The

                        petitioner has no concern with the said seized liquor. Lastly, it

                        has been submitted that the petitioner has one criminal

                        antecedent and is in custody since 13.01.2026.

                                     5. Learned APP for the State has vehemently opposed

                        the prayer for bail of the petitioner.

                                     6. Considering the aforesaid submissions of the

                        parties and taking into account the facts and circumstance of the

                        case, let the petitioner above-named, be enlarged on bail on

                        furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)

                        with two sureties of the like amount each to the satisfaction of

                        learned Court concerned, Katihar, in connection with Amdabad

                        P.S. Case No. 11 of 2026.

                                     7. The application stands allowed.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T


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