Patna High Court
Krishna KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioners, directing them to furnish a bail bond of Rs.10,000 each with two sureties.
Summary
Krishna Kumar and Bahadur Yadav were arrested in connection with the seizure of 210.390 litres of illicit liquor from a vehicle and charged under section 30(a) of the Bihar Prohibition and Excise Act. The petitioners contended that they were merely a driver and a passenger, had no knowledge of the contraband, and that the seizure was not documented in compliance with Section 105 of the BNSS. They had been in judicial custody since 8 March 2026 and sought regular bail, asserting innocence and lack of possession. The State opposed the bail application. After hearing both sides, the Patna High Court found merit in the petitioners' arguments and ordered their release on regular bail, subject to a bond of Rs.10,000 each with two sureties, to be satisfied before the Special Judge (Excise)-II, Kaimur.
Issues considered
- Whether the accused persons, charged under section 30(a) of the Bihar Prohibition and Excise Act, are entitled to regular bail despite being in judicial custody.
- Whether the alleged procedural lapses in the seizure (non‑compliance with Section 105 of BNSS) affect the bail consideration.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 105
Subjects
- regular bail
- Bihar Prohibition and Excise Act
- illicit liquor
- section 30(a)
- Section 105 BNSS
- criminal procedure
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30883 of 2026
Arising Out of PS. Case No.-17 Year-2026 Thana- ADHAOURA District- Kaimur (Bhabua)
======================================================
1. Krishna Kumar S/o Rajesh Yadav Resident of Village - Maanu, P.S. -
Rohtas, Dist. - Rohtas, Bihar.
2. Bahadur Yadav S/o Sita Yadav Resident of Village - Maanu, P.S. - Rohtas,
Dist. - Rohtas, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aquaib Khan, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under sections 30(a)
of the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from a vehicle,
altogether 210.390 liters of illicit liquor was recovered.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Learned counsel for the petitioners has submitted that nothing
has been recovered from the possession of the petitioners.
Petitioner no.1 was merely a driver and petitioner no. 2 was
Patna High Court CR. MISC. No.30883 of 2026(2) dt.07-05-2026
2/2
sitting in that vehicle. They were having no information
regarding the alleged consignment and they have no concern
with the alleged recovery. There is no independent witness of
the seizure list rather they are police personnel and police has
not complied Section 105 of BNSS while preparing the seizure
list. Moreover, they are languishing in judicial custody since
08.03.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be released on bail in connection with
Adhaura P.S. Case No. 17 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Special Judge
(Excise)-II, Kaimur at Bhabhua.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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