Patna High Court
Kanhaiya Kushwaha @ Kanhaiya KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
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
- Bihar Narcotic Substances Act — s. 317(5)
- Bihar Prohibition and Excise Act — s. 30(a), 41(1)
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
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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
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