Patna High Court
Kishan Rajbhar @ KrishnaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioners subject to the stipulated conditions.
Summary
Petitioners Kishan Rajbhar and Juwal Yadav were arrested on 8 February 2026 in connection with a case involving the alleged recovery of 144 litres of illicit country-made liquor from a car, under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2022. They contended that they had no conscious possession of the liquor, were not owners of the vehicle, and had clean antecedents, alleging false implication and non‑compliance of Sections 103/105 of the BNSS, 2023. The Additional Public Prosecutor opposed bail. The High Court, after considering the clean antecedent, lack of possession, and procedural lapses, granted bail on a bond of Rs 10,000 each with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The order directed that bail bonds not be delayed for verification purposes. The bail was thus granted with stipulated conditions.
Issues considered
- Whether bail should be granted to the accused despite the alleged recovery of illicit liquor.
- Whether the absence of conscious possession and non‑compliance of Sections 103/105 of the BNSS, 2023, warrant bail.
- Whether the petitioners' clean criminal antecedent influences the bail decision.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- criminal procedure
- non‑compliance of statutory provisions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22330 of 2026
Arising Out of PS. Case No.-78 Year-2026 Thana- KATEYA District- Gopalganj
======================================================
1. Kishan Rajbhar @ Krishna Son of Sukhlal Rajbhar @ Sitaram Rajbhar
Resident Of Village- Daharipatti, Ps- Turpatti, Dist- Kushinagar UP
2. Juwal Yadav @ Nikesh Kumar Son of Deonaryan Chaudhary @ Devnarayan
chaudhari Resident Of Village- Rainpur/Ranipur, Ps- Kateya, Dist-
Gopalganj
... ... petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the petitioners/s : Mr. Kundan Rathore @ Kundan Kumar, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-04-2026 Heard Mr. Kundan Rathore @ Kundan Kumar,
learned counsel for the petitioners and Mr. Nand Kumar, learned
Additional Public Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
08.02.2026 in connection with Kateya P.S. Case No. 78 of 2026,
F.I.R. dated 07.02.2026 for the offences punishable under
Sections 30(a) and 41(1) of the Bihar Prohibition and Excise
Act, 2022.
3. Recovery is of 144 liters of country made liquor.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. He further submits that it appears
Patna High Court CR. MISC. No.22330 of 2026(2) dt.06-04-2026
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from the F.I.R. as well as seizure list that nothing has been
recovered from the conscious possession of the petitioners
rather the recovery of 144 liters of illicit country made liquor
has been made from the car in question. He further submits that
the petitioners have no concern at all with the alleged recovery
of the illicit liquor or the car in question and they are not the
owner of the car in question. He further submits that there is
non-compliance of Section 103/105 of the BNSS, 2023. The
petitioners are in custody since 08.02.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances
that the petitioners have clean antecedent, nothing has been
recovered from the conscious possession of the petitioners and
there is non-compliance of Section 103/105 of the BNSS, 2023,
let the petitioners, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned District & Additional Sessions Judge XIII-cum-Special
Judge Excise-I, Gopalganj in connection with Kateya P.S. Case
No. 78 of 2026, subject to the following conditions:-
i. Petitioners shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners 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 petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. 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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