Patna High Court
Kumar Krishna Vijay Singh @ Kumar Krishna VijayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Bail was granted to the petitioner subject to a bond of ₹30,000 and conditions under the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner, Kumar Krishna Vijay Singh, sought bail fearing arrest in a case (Nabinagar PS Case No. 66 of 2026) involving alleged possession of 4.875 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The prosecution alleged the liquor was recovered from a joint house, not directly from the petitioner, and the petitioner’s name entered the case based on a co‑villager’s disclosure. The petitioner asserted innocence and highlighted his clean criminal record. The State opposed bail, despite acknowledging the petitioner’s clean antecedent. The court, considering the lack of direct possession, the clean record, and the circumstances, ordered that bail be granted upon furnishing a bond of ₹30,000 under Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, subject to conditions of Section 482(2) of the same Act.
Issues considered
- Whether bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 given the facts of alleged possession and the petitioner’s clean antecedent.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
Subjects
- bail
- illicit liquor
- prohibition law
- excise
- clean antecedent
- joint house
- Section 30(a)
- Bihar Prohibition and Excise Act
- Bharatiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26912 of 2026
Arising Out of PS. Case No.-66 Year-2026 Thana- NAVINAGAR District- Aurangabad
======================================================
Kumar Krishna Vijay Singh @ Kumar Krishna Vijay S/o- Kumar Awadhesh
Singh R/v- Janakpur Pokhara Ps- Nabinagar Dist- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Singh, Advocate
For the Opposite Party/s : Mr.Ramesh Chandra, 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 who apprehends arrest in connection
with Nabinagar P.S. Case No. 66 of 2026 lodged on 12.03.2026,
for the offences punishable under Section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. As per prosecution, total recovery of 4.875 liters of
illicit liquor is the subject matter of the present case.
4. It is submitted by the learned counsel for the
petitioner that the petitioner is innocent and has committed no
offence. The alleged recovery has not been made from the
possession of the petitioner rather it has been shown from the
joint house. In fact, the petitioner's name has come in the
present case on the basis of disclosure made by a co-villager.
Patna High Court CR. MISC. No.26912 of 2026(2) dt.22-04-2026
2/2
The petitioner has a clean criminal antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the antecedent of the
petitioner is clean.
6. In the facts and circumstances, let the above named
petitioner be released on bail, in the event of arrest or surrender
before the Trial Court within a period of four weeks from today,
on furnishing bail bond of ₹30000/- (thirty thousand) as
mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha
Sanhita, 2023 to the satisfaction of the Exclusive Special Judge,
Excise-I, Aurangabad, in connection with the aforesaid case,
subject to the conditions as laid down under Section 482(2) of
the Bharatiya Nagrik Suraksha Sanhita, 2023.
(Dr. Anshuman, J)
Ashwini/-
U T
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