Patna High Court
Krishan MurariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond of Rs 10,000 and specified conditions.
Summary
Krishan Murari was arrested on 22 January 2026 in connection with a case involving the alleged illegal possession of 717 litres of Nepali Saufi liquor, alleged under Section 317(5) of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. The petitioner contended that the FIR was fabricated, he was not the owner of the vehicle from which the liquor was seized, and that the seizure violated Sections 103 and 105 of the BNSS, 2023. The State opposed bail, noting the petitioner was apprehended at the scene and had another similar case pending, though he was on bail in that matter. The High Court, after considering the submissions, granted bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding cooperation with the trial, non‑tampering with evidence, and verification of criminal antecedents. The order directed that the bail bond not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the Bihar Narcotic Substances Act and the Prohibition and Excise Amendment Act.
- Whether alleged procedural lapses in the seizure (non‑compliance with Sections 103 and 105 of the BNSS) affect the grant of bail.
- Whether the existence of another similar case and alleged criminal antecedent justify denial of bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103, 105, 317(5)
Subjects
- bail
- narcotic offences
- prohibition and excise
- procedural compliance
- seizure
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17777 of 2026
Arising Out of PS. Case No.-44 Year-2026 Thana- SURSAND District- Sitamarhi
======================================================
Krishan Murari son of Mohan Ray Residen of Village- Manikpur Musharniya,
Ward no. 11, Ps- Parihar, Dist- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Devendra Kumar, Advocate
For the Opposite Party/s : Mr.Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-03-2026 Heard Mr.Devendra Kumar, learned counsel for the
petitioner and Mr.Surendra Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
22.01.2026 in connection with Sursand P.S. Case No. 44 of
2026, F.I.R. dated 21.01.2026 registered for the offence
punishable under Sections 317(5) of BNS, 2023 and Section
30(a) of Bihar Prohibition and Excise Amendment Act, 2022.
3. Recovery is of 717 liters of Nepali Saufi liquor.
4. Learned counsel appearing for the petitioner
submits that the allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. It appears from the FIR as well as the seizure
list that the recovery has been made from the vehicle in question
and petitioner is not the owner of the vehicle in question.
Patna High Court CR. MISC. No.17777 of 2026(2) dt.17-03-2026
2/3
Learned counsel for the petitioner further submits that it appears
from the seizure list that the witnesses of the seizure list are
member of the raiding party and there is non-compliance of
Sections 103 and 105 of BNSS, 2023 and the petitioner is in
custody since 22.01.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner was
apprehended at the place of occurrence and he carries one more
case of similar nature other than the present one but he fairly
submits that the petitioner is on bail in the said case, as
mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Excise
Judge-02, Sitamarhi in connection with Sursand P.S. Case No.
44 of 2026,with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.17777 of 2026(2) dt.17-03-2026
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(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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