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Patna High Court

Kishan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, subject to specified conditions.

Summary

Kishan Kumar was arrested on 26 February 2026 in connection with a case involving the alleged possession of 250.56 litres of foreign liquor, alleged offences under Sections 30(a) and 32 of the Bihar Prohibition & Excise Act. The petitioner contended that the liquor was recovered from a vehicle he did not own and that the seizure list, prepared solely by police officers, violated Sections 103 and 105 of the BNSS, 2023. The State opposed bail, noting two other similar pending cases, though the petitioner was already on bail in those matters. The Court observed that no liquor was found in the petitioner's conscious possession and that procedural lapses existed, and therefore granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The bail order was issued without delay for verification of the bond.

Issues considered

  • Whether bail should be granted when the seized liquor was not in the petitioner's conscious possession.
  • Whether the seizure list prepared solely by police officers violates Sections 103 and 105 of the BNSS, 2023, warranting bail.
  • Whether the existence of other pending cases affects the grant of bail in the present matter.

Legislation cited

Subjects

  • bail
  • prohibition act
  • excise
  • foreign liquor
  • procedural compliance
  • seizure list
  • non-possession
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29831 of 2026
                       Arising Out of PS. Case No.-25 Year-2026 Thana- LACHHUAR District- Jamui
                 ======================================================
                 Kishan Kumar Son of Late Ashok Singh Resident of Village - Dhabauli,
                 Police Station - Lakho, District - Begusarai.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mrs. Sarita Kumri, Advocate
                 For the State           :        Mr. Khurshid Anwar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   05-05-2026                    Learned counsel for the petitioner is permitted to

                   make necessary correction in paragraph-3 of the bail petition, in

                   course of the day.

                                  2. Heard Mrs. Sarita Kumri, learned counsel for the

                   petitioner and Mr. Khurshid Anwar, learned APP for the State.

                                 3. Petitioner seeks bail, who is in custody since

                   26.02.2026, in connection with Lachhuar P.S. Case No. 25 of

                   2026, F.I.R. dated 25.02.2026                registered for the offences

                   punishable under Sections 30(a)/32 of the Bihar Prohibition &

                   Excise Act.

                                 4. Recovery is of 250.56 litres of foreign liquor.

                                 5. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. She further submits that it appears from the F.I.R.
Patna High Court CR. MISC. No.29831 of 2026(2) dt.05-05-2026
                                            2/3




          as well as seizure list that recovery has been made from the

          vehicle in question and petitioner is not the owner of the vehicle

          in question. It appears from the F.I.R. that altogether 250.56

          litres of foreign liquor was recovered from the vehicle in

          question. He further submits that from perusal of the seizure list

          it appears 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 26.02.2026.

                       6. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for            bail of the

          petitioner and submits that the petitioner carries two more cases

          of similar nature other than the present one but fairly submits on

          the basis of paragaph-3 of the bail petition that the petitioner is

          on bail in the pending matters.

                       7. Considering the facts and circumstances of the case

          and the fact that 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 &

          Excise Court-1, Jamui in connection with Lachhuar P.S. Case
               Patna High Court CR. MISC. No.29831 of 2026(2) dt.05-05-2026
                                                           3/3




                         No. 25 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

                         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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