Created by Fuzzy Cloud

Patna High Court

Krishna KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                           3/3




                         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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.