Patna High Court
Krishna Prasad @ Kishan Bind @ Krishna BindversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted anticipatory bail to the petitioner, holding that the recovery of illicit liquor was not made from his conscious possession and he was not named in the FIR.
Summary
The petitioner, Krishna Prasad, was implicated in a case of illegal liquor manufacture under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, 2022, although his name does not appear in the FIR. The alleged 16 litres of illicit liquor was seized from a motorcycle driven by a co‑accused, Raju Kumar, and the petitioner claimed he neither owned the bike nor was present at the seizure. He sought anticipatory bail, arguing lack of conscious possession and insufficient evidence linking him to the contraband. The Additional Public Prosecutor opposed the bail. The Court, noting the absence of direct possession and the petitioner’s non‑inclusion in the FIR, directed that he be released on bail upon surrender within four weeks, subject to a bond and sureties, under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted when the accused is not named in the FIR and there is no evidence of conscious possession of the alleged illicit liquor
- Whether the seizure of liquor from a co‑accused’s vehicle suffices to establish the petitioner’s involvement under the BNSS and Bihar Prohibition and Excise Act
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5), 482(2)
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
Subjects
- anticipatory bail
- illegal liquor
- possession
- FIR
- BNSS
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45549 of 2026
Arising Out of PS. Case No.-121 Year-2025 Thana- BELAW District- Kaimur (Bhabua)
======================================================
Krishna Prasad @ Kishan Bind @ Krishna Bind Son of Shyam Sundar Bind
Resident of Village- Bagajpura (Jogia), P.S.- Chenari, District- Rohtas
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Raghunandan Kumar Singh, Adv.
For the Opposite Party : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 10-07-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is not named in the FIR
and apprehending his arrest in connection with Belaon P.S.
Case No.121 of 2025 registered under Section 317(5) of
Bharatiya Nyaya Sanhita (hereinafter referred as ‘B.N.S.’,
2023) and 30(a) of Bihar Prohibition and Excise Act, 2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 16 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that recovery of alleged illicit liquor was made
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from a bike which was driven by co-accused, namely, Raju
Kumar. It is also submitted name of petitioner arrayed solely
on the disclosure made by the said co-accused. It is further
submitted that petitioner is neither the owner of said
motorcycle nor was he apprehended at the spot and,
therefore, it can be safely said that recovery of illicit liquor
was not made from conscious possession of this petitioner. It
is pointed out that seizure list also appears doubtful being
not supported by independent witnesses rather than by
police personnel. Explaining criminal antecedent, it is
submitted that the petitioner found involved in one criminal
case, where he is on bail.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, accordingly, the petitioner, above-named, in the
event of his arrest or surrender in the court below within a
period of four weeks from today, is directed to be released
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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 the learned Exclusive Special Excise Court
No.2 Kaimur at Bhabua, in connection with Belaon P.S. Case
No.121 of 2025, subject to the conditions as laid down
under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Aniket/-
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