Patna High Court
Kishan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Kishan Kumar was arrested on 1 February 2026 in connection with a case under section 30(a) of the Bihar Prohibition and Excise Act, 2022 after 2000 litres of country‑made wine were seized from a boat. The petitioner contended that he was falsely implicated, that the seizure list bore no signature or L.T.I. of his, and that the seizure violated Sections 103 and 105 of the BNSS, 2023. The Additional Public Prosecutor opposed bail. The court examined the allegations, noted the lack of direct evidence linking the petitioner to the contraband, and considered the statutory non‑compliance. It ordered the release of the petitioner on bail of Rs. 10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedent. The bail bond was to be accepted without delay pending verification.
Issues considered
- Whether bail should be granted to the accused under section 30(a) of the Bihar Prohibition and Excise Act, 2022 given the circumstances of alleged false implication.
- Whether the alleged non‑compliance with Sections 103 and 105 of the BNSS, 2023 warrants denial of bail.
- What conditions, if any, should be imposed on bail in this case.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- false implication
- seizure
- evidence tampering
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18349 of 2026
Arising Out of PS. Case No.-86 Year-2026 Thana- DIGHA District- Patna
======================================================
Kishan Kumar S/O Methun Mahto R/O Village- Jamalpur, P.S- Rustampur,
Distt.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mithilesh Kumar Arya, Advocate
For the Opposite Party/s : Ms. Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 24-03-2026 Heard Mr. Mithilesh Kumar Arya, learned counsel
for the petitioner and Ms. Pronoti Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
01.02.2026 in connection with Digha P.S. Case No. 86 of 2026,
F.I.R. dated 01.02.2026 for the offences punishable under
section 30(a) of the Bihar Prohibition and Excise Act, 2022.
3. Recovery is of 2000 liters of country made wine.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
F.I.R is false and fabricated and the petitioner has not committed
any offence as alleged in the F.I.R. He further submits that it
appears from the F.I.R. as well as seizure list that altogother
Patna High Court CR. MISC. No.18349 of 2026(2) dt.24-03-2026
2/3
2000 litres of country made wine has been recovered from the
boat in question and the petitioner has been made accused
merely on the basis of suspicion. From perusal of the seizure it
appears that there is no signature or L.T.I of the petitioner on the
seizure list and the said seizure list suggest that the recovery has
been made from the co-accused person. There is non-
compliance of Sections 103/105 of the BNSS, 2023. The
petitioner is in custody since 01.02.2026.
5 Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
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 the learned Exclusive
Special Judge Excise-II, Patna, District-Patna in connection
with Digha P.S. Case No. 86 of 2026, subject to 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 absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.18349 of 2026(2) dt.24-03-2026
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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)
Vanisha/-
U T
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