Patna High Court
Krishnandan Kumar @ KrishnandanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioners are entitled to bail in the present case.
Summary
The petitioners, Krishnandan Kumar and Arvind Kumar, applied for bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly carrying illicit liquor. The prosecution alleged that five persons were transporting 135 litres of illicit Nepali liquor, of which two were apprehended and three escaped. The petitioners contended they were innocent, no liquor was recovered from them, and the police failed to comply with Section 105 of the BNSS during seizure. The State opposed the bail. After hearing both sides, the Court found merit in the petitioners' arguments and ordered that they be released on bail upon furnishing a bond of Rs.10,000 with two sureties each.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the seizure of alleged illicit liquor complied with Section 105 of the BNSS.
- Whether the petitioners have sufficient grounds to claim innocence and lack of criminal antecedent.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- illicit liquor
- prohibition law
- seizure procedure
- Section 105
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20609 of 2026
Arising Out of PS. Case No.-11 Year-2026 Thana- KUNDWACHAINPUR District- East
Champaran
======================================================
1. Krishnandan Kumar @ Krishnandan S/O Jyotik Mukhiya @ Jyoti Mukhiya
Resident of village- Bakhari (Khajuri Yadopur Bakhari), Police Station-
Dhaka, District- East Champaran.
2. Arvind Kumar S/O Sonalal Rai Resident of village- Bakhari (Khajuri
Yadopur Bakhari), Police Station- Dhaka, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 31-03-2026 Heard learned counsel for the petitioners and the
learned APP for the State.
2. The petitioners have prayed for bail in connection
with Kundwa Chainpur P.S. Case No. 11 of 2026 registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. The case of the prosecution, in short, is that five
persons were carrying illicit liquor on their head, two persons were
apprehended and three persons managed to escape. Altogether 135
liters of illicit country made nepali liquor was recovered.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
Patna High Court CR. MISC. No.20609 of 2026(2) dt.31-03-2026
2/2
committed no offence. They have been falsely implicated in this
case. He also submits that nothing has been recovered from the
possession of the petitioners. 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. He further submits that a
statement has been made in para 3 of the petition that petitioners
have no criminal antecedent and they are languishing in judicial
custody since 10.01.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Excise Court No. 3, East Champaran, Motihari
in connection with Kundwa Chainpur P.S. Case No. 11 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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