Patna High Court
Krishna Sah @ Krishana SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that the petitioner is entitled to bail.
Summary
The petitioner, Krishna Sah, was charged under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly being involved in a liquor consignment seized by police. The prosecution’s case relied on a secret tip and the confession of a co‑accused, Manish Kumar, who fled the scene, while no liquor or incriminating material was recovered from the petitioner. The petitioner argued that he was falsely implicated, was not apprehended at the spot, and had no possession of the seized liquor. The court noted the lack of direct recovery from the petitioner and the reliance solely on the co‑accused’s confession, and therefore found no sufficient ground to deny bail. Accordingly, the court granted bail on a Rs.10,000 bond with two sureties and imposed conditions under Section 480(3) of the B.N.S.S.
Issues considered
- Whether the petitioner is entitled to bail under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether a co‑accused’s confessional statement alone suffices to justify denial of bail.
- Whether the absence of any recovery from the petitioner warrants granting bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 480(3)
Subjects
- bail
- prohibition act
- excise
- liquor smuggling
- confessional statement
- co‑accused
- Section 30
- Section 480(3)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29467 of 2026
Arising Out of PS. Case No.-129 Year-2026 Thana- PARSA District- Saran
======================================================
Krishna Sah @ Krishana Sah S/o Bharat Sah R/o Vill. - Babhangaon, PO and
P.S. - Parsa, Dist. - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rahul Mani, Advocate
Mrs.Pallawi Kumari, Advocate
For the Opposite Party/s : Mr.Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Parsa P.S. Case No. 129 of 2026 registered for
the alleged offences under Section 30(a) of Bihar Prohibition
and Excise Act.
03. As per prosecution case, police received secret
information about two persons waiting with huge consignment
of liquor in order to sell it. The police apprehended co-accused
Manish Kumar and another person fled away from the spot. The
recovery of 40 litres of country made liquor was made from the
sack left behind by the co-accused and this petitioner, who was
named by the co-accused as the person who escaped from the
Patna High Court CR. MISC. No.29467 of 2026(2) dt.11-05-2026
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spot.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Nothing incriminating has been recovered from the person
or possession of the petitioner. He was not apprehended from
the spot and he has been made accused in this case on the basis
of confessional statement of co-accused Manish Kumar. The
petitioner is having antecedent of one case in which he is on
bail. The petitioner is in custody since 20.03.2026.
05. Learned APP opposes the submission made on
behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that the petitioner was not apprehended from the spot and
no recovery has been shown from the petitioner, the petitioner
above named is directed to be released on bail on furnishing bail
bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned 3rd Exclusive
Special Excise Court, Saran at Chapra/concerned Court in
connection with Parsa P.S. Case No. 129 of 2026, subject to the
conditions mentioned in Section 480(3) of B.N.S.S. and also the
following conditions :
Patna High Court CR. MISC. No.29467 of 2026(2) dt.11-05-2026
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(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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