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Patna High Court

Krishna Prasad @ Kishan Bind @ Krishna BindversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.45549 of 2026(2) dt.10-07-2026
                                            2/3




          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
           Patna High Court CR. MISC. No.45549 of 2026(2) dt.10-07-2026
                                                       3/3




                     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/-

U      T


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