Created by Fuzzy Cloud

Patna High Court

Kanhaiya Kushwaha @ Kanhaiya KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted because the petitioners have no proven involvement in the alleged offence, possess a clean antecedent, and have been detained for an extended period.

Summary

The petitioners, Kanhaiya Kushwaha and Sachin Yadav, were arrested in connection with a case registered under Section 317(5) of the Bihar Narcotic Substances Act and Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. They contended that they were falsely implicated, that the seized liquor was recovered from a vehicle not owned or driven by them, and that they had no criminal antecedent. The State opposed the bail application, arguing that the offences were non‑bailable. The Court examined the petitioner's claim of innocence, the lack of any recovered liquor in their possession, their clean record and young age, and the length of their pre‑trial detention since 15 January 2026. Considering these circumstances, the Court concluded that regular bail was appropriate. Accordingly, the petitioners were released on bail upon furnishing a bond of Rs 20,000 each with two sureties of the same amount.

Issues considered

  • Whether the petitioners are entitled to regular bail despite the nature of the offences under the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise Act.
  • Whether the facts—absence of possession, clean antecedent, and prolonged pre‑trial detention—justify the grant of bail.

Legislation cited

Subjects

  • regular bail
  • pre‑trial detention
  • Bihar Narcotic Substances Act
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32027 of 2026
                       Arising Out of PS. Case No.-24 Year-2026 Thana- BHORE District- Gopalganj
                 ======================================================
           1.     Kanhaiya Kushwaha @ Kanhaiya Kumar, Son of Brignath Kushwaha @
                  Virugunath Khushwaha, Resident of village- Bagruaa, P.S.- Srirampur, Dist-
                  Deoria, State Uttar Pradesh.
           2.    Sachin Yadav, Son of Bhola Yadav, Resident of Village -Koichwar, P.S.
                 -Bhatparrani, Dist. -Deoria, State Uttar Pradesh.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Shyamli Kumari, Adv.
                 For the Opposite Party/s :       Mr. Veena Kumari Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   12-05-2026                   1. Heard the parties

                                2. The petitioners seek regular bail in connection with

                   Bhore P. S. Case No. 24 of 2026 registered for the offences

                   punishable under Sections 317(5) of the BNS and Section 30(a)

                   and 41(1) of the Bihar Prohibition and Excise Act.

                                3. The main submissions advanced by the petitioner's

                   counsel are that the petitioner is innocent and has been falsely

                   implicated in the present case, nothing has been recovered from

                   the conscious possession of the petitioners, the alleged recovery

                   of liquor was made from a Bolero Maxi truck plus pick up

                   vehicle bearing Registration No. BR28G 8142 which neither

                   belongs to the petitioners nor were they driver or co-driver of
              Patna High Court CR. MISC. No.32027 of 2026(2) dt.12-05-2026
                                                          2/2




                        the said vehicle and the petitioners have no concern whatsoever

                        with the alleged seized liquor and petitioners have no criminal

                        antecedent and have been languishing in jail since 15.01.2026.

                                     4. Learned APP appearing for the State has opposed

                        the bail prayer of the petitioners.

                                     5. In the facts and circumstances of this case and

                        considering the statements made in the petition as well as above

                        submissions, coupled with the petitioners' fair and clean

                        antecedent and their young age as well as their custody period,

                        this court is inclined to enlarge the petitioners on bail,

                        accordingly, let the petitioners named-above be enlarged on bail

                        in connection with Bhore P. S. Case No. 24 of 2026 on

                        furnishing bail bonds of Rs. 20,000/- (Rupees Twenty

                        Thousand) each with two sureties of the like amount each to the

                        satisfaction of the Court concerned.



                                                  (Shailendra Singh, J)
Rajiv/-

U         T


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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