Patna High Court
Krish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail is denied.
Summary
The petitioner, Krish Kumar, sought anticipatory bail in a case involving the alleged recovery of 23,220 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He claimed innocence, arguing that nothing was recovered from his possession and that the pending criminal cases against him were unrelated. The State opposed the bail, highlighting two pending cases of a similar nature. The High Court, after considering the facts and the petitioner’s criminal antecedent, declined to grant anticipatory bail. The court directed the petitioner to surrender to the trial court within four weeks, where his surrender‑cum‑bail application would be decided on merits.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 given the pending criminal cases and alleged involvement in illicit liquor recovery.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 30(a)
- criminal antecedent
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26894 of 2026
Arising Out of PS. Case No.-330 Year-2025 Thana- HATHUA District- Gopalganj
======================================================
Krish Kumar Son of Indal Sah Resident of Village- Turkpatti, P.S.- Hathua,
District- Gopalanj (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Hathua P.S. Case No. 330 of 2025, dated 20.11.2025,
lodged under Section 30(a) of the Bihar Prohibition and Excise
(Amendment) Act, 2022, pending before the Court of District
and Additional Sessions Judge-XIII-cum-Special Excise Court
No. 1, Gopalganj
3. As per the prosecution, total recovery of 23.220
litres of illicit liquor has been made, which is the subject matter
of the present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He further
submits that nothing has been recovered from the possession of
Patna High Court CR. MISC. No.26894 of 2026(2) dt.22-04-2026
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the petitioner. Furthermore, he submits that the criminal
antecedent of the petitioner is not clean, as two criminal cases
are pending against him.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that two cases of the same
nature are pending against the petitioner.
6. In the present facts and circumstances, this Court is
not inclined to grant anticipatory bail to the petitioner.
Accordingly, the prayer for anticipatory bail of the petitioner is
hereby rejected.
7. It is directed to the petitioner to surrender before
the Trial Court within a period of 4 weeks from today. In case,
the petitioner surrenders within four weeks, then the Trial Court
is directed to pass order on his surrender-cum-bail application
on the same day without being prejudice that the anticipatory
bail of the petitioner has been rejected by this Court and the
Trial Court shall pass order on the merit of this case.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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