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Patna High Court

Krishna Singh @ Krishna KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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//-

U          T


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