Patna High Court
Krishna Kumar @ Krishna Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner on the condition of a Rs.10,000 bond with two sureties.
Summary
The petitioner, Krishna Kumar, was arrested in connection with the seizure of 405 litres of Nepali country-made liquor near the Kamla river, alleged to be in violation of Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. He filed a bail petition, claiming he had no involvement with the seized liquor and was implicated only on suspicion, having been in custody since 14‑11‑2025. The State opposed the bail, arguing the seriousness of the offences under the excise and IPC provisions. The Court considered the length of custody, the absence of direct evidence linking the petitioner to the liquor, and the principle of bail for non‑violent offences. Accordingly, the Court ordered his release on bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount, subject to the satisfaction of the Exclusive Special Judge, Excise, Madhubani.
Issues considered
- Whether the petitioner is entitled to bail despite charges under Sections 272, 273 IPC and Section 30(a) Bihar Prohibition and Excise Act
- Whether the period of custody and lack of direct involvement justify bail
Legislation cited
- Indian Penal Code — s. 272, 273
Subjects
- bail
- excise law
- Indian Penal Code
- Section 272
- Section 273
- Section 30(a) Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87635 of 2025
Arising Out of PS. Case No.-24 Year-2024 Thana- KHAJAULI District- Madhubani
======================================================
Krishna Kumar @ Krishna Kumar Singh Son of Ashok Singh @ Ashok
Kumar Singh Resident of Village- Kasma Marar, P.S.- Khajauli, District-
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Kumari Pallavi, Adv.
For the Opposite Party/s : Mr.Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 30-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for
offence under Sections 272, 273 of the I.P.C. and Section 30(a)
of the Bihar Prohibition and Excise Act.
3. As per F.I.R., 405 liters of Nepali country-made
liquor was recovered from plastic bags near the bank of Kamla
river.
4. Learned counsel for the petitioner submits that
petitioner has got no concern with the seized liquor and has
been made accused only on suspicion. Petitioner is in custody
since 14.11.2025. Chargesheet has been submitted.
5. Learned A.P.P. for the State opposed the bail
petition.
Patna High Court CR. MISC. No.87635 of 2025(2) dt.30-01-2026
2/2
6. Considering the period of custody, let the above
named petitioner be released on bail on furnishing bail-bond of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Judge
Excise, Madhubani in connection with Khajauli P.S. Case No.
24 of 2024.
(Prabhat Kumar Singh, J)
anay
U T
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