Patna High Court
Krishna KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, finding that procedural non‑compliance and lack of conscious possession justified release on bond.
Summary
Krishna Kumar was arrested on 3 April 2026 in connection with a case involving the alleged possession of 180 litres of Nepali liquor, alleged to violate Sections 274 and 275 of the Bihar Narcotic Substances (BNSS) Act, 2023 and Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022. The liquor was recovered from a motorcycle, not from the accused's conscious possession, and the petitioner claimed a clean antecedent and false implication. The petitioner argued that the seizure was conducted by police personnel without complying with Sections 103 and 105 of the BNSS, 2023, which require proper documentation and witness presence. The State opposed bail, but the court, noting the lack of direct possession, clean record, and procedural lapses, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering, and verification of antecedents. The bail order was directed to be implemented by the Exclusive Special Judge, Madhubani.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged offences under Sections 274, 275 of BNSS, 2023 and Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022.
- Whether non‑compliance with Sections 103 and 105 of BNSS, 2023 regarding seizure and documentation warrants bail.
- Whether the petitioner’s clean antecedent and lack of conscious possession affect the bail decision.
Subjects
- bail
- procedural compliance
- BNSS 2023
- Prohibition & Excise Act 2022
- seizure of liquor
- clean antecedent
- motorcycle seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29637 of 2026
Arising Out of PS. Case No.-49 Year-2026 Thana- DEODHA District- Madhubani
======================================================
Krishna Kumar S/o Bhogendra Sahani @ Bhagendra Sahani R/o vill -
Madhiya Kamlabari, ward no 15, P.S.- Basopatti, Distt.- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shabina Talat, Advocate
For the State : Mr. Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 04-05-2026 Heard Ms. Shabina Talat, learned counsel for the
petitioner and Mr. Raj Kishor Singh, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
03.04.2026, in connection with Deodha P.S. Case No. 49 of
2026, F.I.R. dated 02.04.2026 registered for the offences
punishable under Sections 274, 275 of the B.N.S., 2023 and
Sections 30(a) of the Bihar Prohibition & Excise (Amendment)
Act, 2022.
3. Recovery is of 180 litres of Nepali liquor.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. She further submits that it
appears from the F.I.R. as well as seizure list that nothing has
been recovered from the conscious possession of the petitioner
Patna High Court CR. MISC. No.29637 of 2026(2) dt.04-05-2026
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rather recovery has been made from the motorcycle in question
and altogether 180 litres of Nepali liquor was recovered from
the motorcycle in question. It appears from the seizure list that
the seizure list witnesses are police personnel so there is non-
compliance of Sections 103 and 105 of BNSS, 2023 and the
petitioner is in custody since 03.04.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and
nothing has been recovered from the conscious possession of
the petitioner and there is non-compliance of Sections 103 and
105 of the BNSS, 2023, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge, Madhubani in
connection with Deodha P.S. Case No. 49 of 2026, subject to
the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
Patna High Court CR. MISC. No.29637 of 2026(2) dt.04-05-2026
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on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. 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)
Ibrar//-
U T
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