Patna High Court

Krishna KumarversusThe State of Bihar

Decided: 13 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court inclined to grant bail to the petitioner subject to specified conditions.

Summary

Krishna Kumar, a driver, was arrested in connection with the recovery of 324 litres of liquor from a vehicle and charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, had no knowledge of the contraband, and that no incriminating article was found in his possession. The prosecution opposed bail, while the petitioner highlighted the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and his limited custody period since 15‑11‑2025. The High Court, considering the circumstances and the petitioner’s single prior conviction, decided to grant bail. Bail was conditioned on a Rs.15,000 bond with two sureties, one of whom must be a close family member, and strict compliance with appearance and non‑tampering conditions.

Issues considered

Whether bail should be granted to the accused driver under the Bihar Prohibition and Excise Act given the nature of the offence and the facts of the case
Whether the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the grant of bail

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
liquor seizure
driver liability
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87232 of 2025
                  Arising Out of PS. Case No.-292 Year-2025 Thana- EXCISE SHERGHATI District- Gaya
                 ======================================================
                 Krishna Kumar Son of Late Prabhu Mahto Resident of Village - Near the
                 Back Gate of Ramdayalu RDS College, Muzaffarpur, 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. Nityanand, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Excise

                   (Sherghati) P.S. Case No. 292 of 2025 instituted for the offences

                   punishable under Sections 30(a), 32(3) of the Bihar Prohibition

                   and Excise Act.

                               3. The prosecution case, in short, is that total 324 litres

                   of liquor was recovered from car.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner. Learned counsel further submitted

                   that petitioner is not the owner of the vehicle. It is further
Patna High Court CR. MISC. No.87232 of 2025(2) dt.13-01-2026
                                             2/3




          submitted that petitioner is the driver of the vehicle in question

          but he had no knowledge regarding the goods loaded in the

          vehicle. The petitioner is in custody since 15.11.2025 and has

          one criminal antecedent. There is no compliance of Section 103

          of the Bharatiya Nagarika Suraksha Sanhita, 2023.

                     5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                     6. Considering the aforesaid facts and circumstances of

          the case and the period of custody undergone by the petitioner,

          this Court is inclined to grant bail to the petitioner.

                        7. Let the petitioner be released on bail, after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of

          the    like     amount      each     to    the       satisfaction   of   Court

          below/concerned Court in connection with Excise (Sherghati)

          P.S. Case No. 292 of 2025, subject to the following conditions:

                        (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                        (II) The petitioner 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.
           Patna High Court CR. MISC. No.87232 of 2025(2) dt.13-01-2026
                                                       3/3




                                  (III) If the petitioner tampers with the evidence or the

                     witnesses, in that case, the prosecution will be at liberty to move

                     for cancellation of bail.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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