Patna High Court
Krishna KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PURNENDU SINGH
Holding
The court denied pre‑arrest bail to petitioner 1 due to his prior offences but granted bail to petitioner 2 subject to surrender and bond conditions under Section 482(2) of the BNSS.
Summary
Krishna Kumar and Vishwajit Kumar were arrested in connection with the recovery of 253.2 litres of illicit liquor from an unregistered tempo, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioners claimed they were falsely implicated and sought pre‑arrest bail. The State opposed the bail, highlighting the petitioners' alleged involvement in liquor offences. The court, noting petitioner 1's prior criminal antecedents in similar cases, refused pre‑arrest bail to him, but granted bail to petitioner 2 on the condition of surrender within four weeks and furnishing a bail bond with sureties, subject to Section 482(2) of the BNSS. The district court was directed to verify petitioner 2's antecedents, and the bail application was disposed of.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioners' prior criminal antecedents justify denial of bail.
- Whether Section 482(2) of the BNSS can be invoked to impose conditions on bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- pre‑arrest bail
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal antecedent
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43777 of 2026
Arising Out of PS. Case No.-191 Year-2026 Thana- DHAKA District- East Champaran
======================================================
1. Krishna Kumar, aged about 28 Yrs, Male, Son of Rambabu Singh
2. Vishwajit Kumar @ Tipu @ Vishwapratap Kumar, aged about 29 years,
Male, Son of Jyotish Sah
Both are Resident of village- Chainpur Dhaka, PS -Dhaka, District -East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shanti Bhushan Singh, Advocate
For the Opposite Party/s : Mrs. Shaheen Begum, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 08-07-2026 Heard Mr. Shanti Bhushan Singh, learned counsel
appearing on behalf of the petitioners and Mrs. Shaheen Begum,
learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Dhaka P.S. Case No. 191 of 2026 registered for the offence
punishable under Sections 30 (a) of the Bihar Prohibition and
Excise Act as amended up-to-date.
3. Allegation is of recovery of 253.2 litres of illicit
liquor from a tempo without having registration number, chassis
number and engine number. Petitioners are said to have fled
away from the place of occurrence.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.43777 of 2026(2) dt.08-07-2026
2/3
petitioners submitted that the petitioners have been falsely
implicated in the present case. Petitioners have no concern with
the alleged seized liquor or with the tempo, from which the
alleged illicit liquor was recovered, nor they are involved in
trade of liquor in any manner. The name of the petitioners has
been disclosed by co-villagers, who had gathered at the place of
occurrence. On these grounds, petitioner seeks to be released on
pre-arrest bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Considering the previous criminal antecedents of
petitioner no. 1, who has been made accused in several other
cases for similar offence allegedly committed under Bihar
Prohibition and Excise Act as amended up-to-date, I am not
inclined to enlarge the petitioner no. 1 on pre-arrest bail.
7. So far as, petitioner no. 2 is concerned, considering
that general and omnibus allegation has been levelled against
him and also the fact that the State has failed to implement its
liquor policy in its true spirit, the petitioner, above named, is
directed to be released on pre-arrest bail, in the event of his/her
arrest or surrender before the learned District Court within a
period of four weeks from today, on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.43777 of 2026(2) dt.08-07-2026
3/3
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned District Court
where the case is pending, in connection with Dhaka P.S. Case
No. 191 of 2026, subject to the condition as laid down under
Section 482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioner no. 2 as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner no. 2 as what has been stated
in paragraph no. 3, this order will lose its force automatically.
9. The present bail application is disposed of.
(Purnendu Singh, J)
Niraj/-
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