Patna High Court

Kishore PalversusThe State of Bihar

Decided: 31 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The petitioner is entitled to bail subject to the stipulated conditions.

Summary

Kishore Pal was arrested in connection with the seizure of 675 litres of illicit Nepali-made liquor from a Scorpio vehicle, alleged to be a violation of Sections 274, 275, 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed he was neither the owner nor the driver of the vehicle, that no liquor was recovered from his possession, and that the police failed to comply with Section 105 of the BNSA during the seizure, asserting he was falsely implicated. The State opposed bail, highlighting his alleged involvement in 19 similar prior cases. After hearing both sides, the Court considered the bail principles, the petitioner’s custody since 18‑02‑2026, and the need for his cooperation in trial. The Court granted bail on the condition of a Rs.10,000 bond with two sureties, weekly attendance at Ladaniya Police Station, and presence at all trial dates.

Issues considered

Whether the petitioner is entitled to bail despite the serious nature of the offences and his alleged criminal antecedents
Whether procedural lapses in the seizure (non‑compliance with Section 105 of the BNSA) affect the bail decision

Legislation cited

Bihar Narcotic Substances Act, 2023 — s. 105, 274, 275, 3(5)

Subjects

bail
illicit liquor
excise
seizure
procedural compliance
criminal antecedent
Bihar Prohibition and Excise Act
Bihar Narcotic Substances Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20529 of 2026
                      Arising Out of PS. Case No.-148 Year-2025 Thana- BHAIRAVSHTHAN District-
                                                       Madhubani
                 ======================================================
                 Kishore Pal S/O Late Rajendra Pal R/O Village- Navtoliya Gajhara, P.S.-
                 Ladaniya, 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. Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   31-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Bhairavsthan P.S. Case No. 148 of 2025 registered for the

                   offence punishable under Sections 274, 275, 3(5) of the B.N.S.,

                   2023 and Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. The case of the prosecution, in short, is that from a

                   Scorpio vehicle altogether 675 liters of illicit nepali country

                   made liquor was recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that the petitioner is neither owner nor
Patna High Court CR. MISC. No.20529 of 2026(2) dt.31-03-2026
                                            2/3




          driver of the said vehicle rather the allegation is that the

          petitioner fled away leaving the Scorpio behind. He also submits

          that nothing has been recovered from the possession of this

          petitioner. The witnesses of the seizure list are police personnel

          and the police has not complied with Section 105 of the BNSS

          while making the seizure. The petitioner has been framed in this

          case on the basis of his criminal antecedents. He further submits

          that the petitioner is languishing in judicial custody since

          18.02.2026.

                       5. The application for bail is opposed by learned APP

          for the State and submits that the petitioner is having criminal

          antecedent of 19 cases of similar nature.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail with the condition

          that the petitioner shall cooperate in the trial and shall

          remain physically present on each and every date fixed by

          the learned trial court and shall mark his weekly attendance

          at Ladaniya P.S. The above named petitioner is directed to be

          enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten

          thousand only) with two sureties of the like amount each to the

          satisfaction of the learned Special Judge (Excise Act),
           Patna High Court CR. MISC. No.20529 of 2026(2) dt.31-03-2026
                                                       3/3




                     Jhanjharpur, Madhubani in connection with Bhairavsthan P.S.

                     Case No. 148 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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