Patna High Court
Krishna KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
In the absence of incriminating material and given the prolonged pre‑trial detention, the court held that bail must be granted subject to prescribed conditions.
Summary
Krishna Kumar and Anshu Kumar were arrested on 14 October 2025 after 720 litres of liquor were seized from a Bolero pick‑up vehicle, although they were merely passengers and not the owners or drivers. They contended that no incriminating material linked them to the liquor and that the arrest was based solely on suspicion, also noting non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, citing the offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The Court, considering the lack of direct evidence, the prolonged pre‑trial custody, and the statutory non‑compliance, decided to grant bail. Bail was ordered on a bond of Rs 15,000 each with two sureties, subject to conditions including a family member as bailor and mandatory appearance in court.
Issues considered
- Whether bail should be granted to the petitioners despite the nature of the offences under the Bihar Prohibition and Excise Act.
- Whether the arrest complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the absence of incriminating material and the petitioners' status as mere passengers justify bail.
Legislation cited
Subjects
- bail
- excise
- prohibition act
- pre‑trial detention
- Section 103
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83229 of 2025
Arising Out of PS. Case No.-1208 Year-2025 Thana- Excise P.S. District- Gaya
======================================================
1. Krishna Kumar S/o- Late Prabhu Mahto Village- Ramdayalu Nagar
Bhikhanpur PS- Sadar, Dist- Muzaffarpur
2. Anshu Kumar S/o- Ramdhani Mahto Village- Ramdayalu Nagar Bhikhanpur
PS- Sadar, Dist- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 31-01-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in connection with Excise
P.S. Case No. 1208 of 2025, instituted for the offences
punishable under Sections 30(a) and 32(3) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that 720 liters
liquor was recovered from Bolero pick-up vehicle and both the
petitioners were arrested on spot.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.83229 of 2025(4) dt.31-01-2026
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the conscious possession of the petitioners. The petitioners have
got no concern with the alleged recovery of liquor. Learned
counsel for the petitioners also submitted that the petitioners are
neither owner nor driver of the vehicle in question rather they
were only sitting inside the vehicle and have been arrested only
on the basis of suspicion. The petitioners are in custody since
14.10.2025. Petitioner no. 1 has got one criminal antecedent
and petitioner no. 2 has got no criminal antecedent. There is no
compliance of Section 103 of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Excise P.S. Case No.
1208 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of petitioner no. 1.
Patna High Court CR. MISC. No.83229 of 2025(4) dt.31-01-2026
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(II) The petitioner no. 1 shall appear on each and
every date fixed at the trial. In case of default in such
appearance on two consecutive dates, the Trial Court will have
liberty to cancel the bail bonds of the petitioner no. 1.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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