Patna High Court
Krishna KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner, subject to specified conditions.
Summary
Krishna Kumar was arrested on 16 March 2026 in connection with the seizure of 47.5 litres of foreign liquor, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act, 2018. He contended that he was falsely implicated, not the owner of the motorcycle from which the liquor was recovered, and that the seizure list violated Sections 103 and 105 of the BNSS. The State opposed his bail application. The High Court, after considering the facts, ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of his criminal antecedent. The bail order was made without delay for antecedent verification. The court thus granted bail while imposing safeguards to ensure trial compliance.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether the seizure and charge‑sheet complied with procedural requirements of Sections 103 and 105 of the BNSS.
- Whether the mere suspicion arising from the motorcycle ownership justifies continued detention.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- BNSS — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- foreign liquor seizure
- procedural compliance
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38892 of 2026
Arising Out of PS. Case No.-18 Year-2026 Thana- Chakki District- Buxar
======================================================
Krishna Kumar S/O Lal Babu Prasad Resident of village- Brahmpur, Ward
no. 7, PS- Brahmpur, Distt- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar Gupta, Advocate
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-06-2026 Heard Mr. Arun Kumar Gupta, learned counsel for
the petitioner and Mr. Shahabuddin Azeem @ S. Azeem, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
16.03.2026 in connection with Chakki P.S. Case No. 18 of 2026,
F.I.R. dated 15.03.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 47.5 liters of foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner clean antecedent and he has falsely been implicated in
the present case. He further submits that it appears from the
F.I.R. as well as seizure list that nothing has been recovered
from the conscious possession of the petitioner rather the
recovery has been made from motorcycle in question and the
Patna High Court CR. MISC. No.38892 of 2026(2) dt.22-06-2026
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petitioner is not the owner of the motorcycle in question and he
has been made accused merely on the basis of suspicion. He
further submits that seizure list witnesses are police personnel
so there is non-compliance of Section 103 and 105 of BNSS. He
further submits that the police after investigation submitted the
charge sheet against the petitioner. The petitioner is in custody
since 16.03.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Excise Court No.-2, Buxar in connection with Chakki
P.S. Case No. 18 of 2026, subject to the following conditions:-
i. 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.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
Patna High Court CR. MISC. No.38892 of 2026(2) dt.22-06-2026
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move for cancellation of bail.
iii. 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 antecedent, 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)
Suruchi /-
U T
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