Patna High Court
Krishna KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Krishna Kumar, was arrested in connection with a case under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act for allegedly transporting 513 litres of liquor in a Bolero pick‑up. He claimed to be merely the driver and asserted that he had no knowledge of the goods, no incriminating material was found in his possession, and he had no prior criminal record. The prosecution opposed bail, while the petitioner’s counsel argued that the statutory requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, had not been complied with. The court examined the facts, the length of custody since 21‑01‑2026, and the lack of direct evidence against the petitioner. Considering these circumstances, the court decided to grant bail, subject to a bond of Rs. 15,000 with two sureties and conditions regarding appearance, non‑tampering with evidence, and non‑intimidation of witnesses. The order also directed that bail may be cancelled if any condition is violated.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged seizure of liquor under the Bihar Prohibition and Excise Act.
- Whether the prosecution complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in the arrest and detention of the petitioner.
- Whether the petitioner’s role as a driver without knowledge of the cargo negates liability sufficient to deny bail.
Legislation cited
Subjects
- bail
- excise law
- liquor seizure
- driver liability
- Section 103
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16361 of 2026
Arising Out of PS. Case No.-126 Year-2026 Thana- Excise P.S. District- Bhagalpur
======================================================
Krishna Kumar S/o Sanjay Mandal R/o Vill- Ghogha Pakki Sarai @ Pakki
Sadak, Ward No. 6, P.S.- Ghogha, Distt- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sumit Kumar, Advocate
For the Opposite Party/s : Mr.Ram Anurag Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Sadar
Excise P.S. Case No. 126 of 2026, instituted for the offences
punishable under Sections 30(a) and 47 of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that total 513
liters liquor was recovered from Bolero Pick-up.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
further submitted that the petitioner is driver of the vehicle and
Patna High Court CR. MISC. No.16361 of 2026(2) dt.13-03-2026
2/3
he has no knowledge regarding the goods loaded in the vehicle.
The petitioner is in custody since 21.01.2026 and has got no
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarik 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 and 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, after framing
of charge, if not already framed, 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 Sadar Excise P.S. Case No. 126 of
2026, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
Patna High Court CR. MISC. No.16361 of 2026(2) dt.13-03-2026
3/3
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
Checking your session…