Patna High Court
Kanhaiya KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court granted bail to the petitioner, finding that the custody already served and lack of direct evidence warranted release on bond.
Summary
The petitioner, Kanhaiya Kumar, was arrested in connection with a case under the Bihar Prohibition and Excise Act for alleged possession of 90 litres of foreign liquor. He argued that no incriminating material was found on his person and that he was falsely implicated. The prosecution opposed his bail, citing the seriousness of the offences under Sections 30(a) and 32(2). The court, noting the period of custody already served and the lack of direct evidence linking the petitioner to the liquor, decided to grant bail. Bail was conditioned on a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Special Judge. The court clarified that its observations were prima facie and not a determination on the merits of the trial.
Issues considered
- Whether the petitioner is entitled to bail pending trial for offences under Sections 30(a) and 32(2) of the Bihar Prohibition and Excise Act
- Whether the absence of incriminating material in the petitioner's possession justifies bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(2)
Subjects
- bail
- prohibition and excise
- foreign liquor
- criminal procedure
- Section 30
- Section 32
- prima facie observation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29973 of 2026
Arising Out of PS. Case No.-376 Year-2026 Thana- Excise P.S. District- Kishanganj
======================================================
Kanhaiya Kumar S/O Murari Malakar R/O Village- Prabhat Colony, P.S-
K.Hat, District- Purnea.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Ranjan
For the Opposite Party/s : Mr.Md. Iftekhar Mahmood
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Madya Nisedh P.S. Case No. 376 of 2026
registered for the offences punishable under Sections 30(a),
32(2) of the Bihar Prohibition and Excise Act.
3. The prosecution case is that 90.00 liters of foreign
liquor was recovered from the dickey of the vehicle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. The petitioner is
in custody since 01.04.2026 and has got one criminal
Patna High Court CR. MISC. No.29973 of 2026(2) dt.06-05-2026
2/2
antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Judge Excise-II, Kishanganj/concerned Court
in connection with Madya Nisedh P.S. Case No. 376 of 2026.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
abhishekkr/-
U
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