Patna High Court
Krishna Singh @ Krishna KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted as the petitioner’s involvement is based only on suspicion and he is neither the owner nor driver of the truck.
Summary
Krishna Singh was arrested in connection with a 2019 case involving the seizure of 6,200 litres of raw spirit and charged under several IPC sections and the Bihar Prohibition and Excise Act. He petitioned for bail, asserting that he was neither the owner nor the driver of the truck from which the liquor was recovered and that the case against him is based solely on suspicion. The State opposed bail, noting three other pending cases, though none related to excise offences. The court examined the material and found no cogent evidence linking the petitioner to the offence beyond suspicion. Consequently, the court granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted when the accusation is based only on suspicion and the accused is not the owner or driver of the vehicle involved.
- Whether the existence of other pending cases, albeit unrelated to excise, warrants denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Indian Penal Code — s. 188, 272, 273, 308, 34, 420
Subjects
- bail
- excise
- illicit liquor
- IPC
- suspicion
- criminal antecedent
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42696 of 2026
Arising Out of PS. Case No.-353 Year-2019 Thana- HARSIDHI District- East Champaran
======================================================
Krishna Singh @ Krishna Kumar Son of Jagat Singh Resident of Village -
Sariswa Murarpur, P.S.- Harsidhi, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-07-2026 Heard Mr. Rakesh Kumar Singh, learned counsel for
the petitioner and Mr. Mritunjay Kumar Nirala, learned APP for
the State.
2. Petitioner seeks bail, who is in custody since
14.05.2026, in connection with Harsidhi P.S. Case No. 353 of
2019, F.I.R. dated 10.10.2019 registered for the offences
punishable under Sections 272, 273, 188, 420, 308, 34 of the
Indian Penal Code and Section 30(a) of the Bihar Prohibition
and Excise Act, 2016.
3. Recovery is of 6200.00 litres of raw spirit.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that from perusal of the F.I.R.
it appears that altogether 6200.00 litres of raw spirit was
Patna High Court CR. MISC. No.42696 of 2026(2) dt.06-07-2026
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recovered from the truck in question and petitioner is neither the
owner nor the driver of the truck in question and he has no
concern at all with the alleged recovery of illicit liquor and he
has been made accused in the present case only on the basis of
suspicion and except the suspicion, nothing cogent material has
come during investigation to suggest the involvement of the
petitioner in the present occurrence. The petitioner is in custody
since 14.05.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries three more
cases other than the present one but the case is not pertaining to
excise matter but fairly submits on the basis of paragraph-3 of
the bail petition that the petitioner is on bail in the pending
matters.
6. Considering the facts and circumstances of the case
and the fact that the name of the petitioner has been transpired
on the basis of suspicion and petitioner is neither the owner nor
the driver of the truck in question let the above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Excise Court-1, East
Patna High Court CR. MISC. No.42696 of 2026(2) dt.06-07-2026
3/3
Champaran at Motihari in connection with Harsidhi P.S. Case
No. 353 of 2019, subject to the following conditions :-
(1) 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 her absence on two consecutive dates without sufficient
reason, her bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) 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 her
criminal antecedents, 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)
Ibrar//-
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