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Patna High Court

Krish KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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
                                                      2/2




                    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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