Patna High Court
Kishan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- BNSS, 2023 — s. 103, 105
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
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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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