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Patna High Court

Krishna KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                         3/3




                        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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