Kishan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15191 of 2026 Arising Out of PS. Case No.-11 Year-2026 Thana- AMDABAD District- Katihar ====================================================== Kishan Kumar Son of Manoj Kumar Ray @ Manoj Kumar Resident of Larkania Tola, Langra Chowk, P.S.- Nagar, District- Katihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimal Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 24-04-2026 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Amdabad P.S. Case No. 11 of 2026 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 318(4), 303(2), 317(5), 61(2) and 3(5) of the BNS.

3. As per the prosecution case, on receiving secret information, the informant, along with his police party, reached the alleged place of occurrence and intercepted a yellowcoloured auto-rickshaw coming from the opposite direction. On seeing the police party, the driver attempted to flee but was apprehended, and he disclosed his name as Kishan Kumar (petitioner). Upon search, a total of 249.810 litres of illicit foreign liquor was recovered from the said auto-rickshaw in a concealed state.

Patna High Court CR. MISC. No.15191 of 2026(3) dt.24-04-2026 2/2

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case merely on the basis of being a driver of the said seized vehicle. It has also been submitted that the procedure prescribed under Section 105 of the B.N.S.S. has not been followed. The petitioner has no concern with the said seized liquor. Lastly, it has been submitted that the petitioner has one criminal antecedent and is in custody since 13.01.2026.

5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid submissions of the parties and taking into account the facts and circumstance of the case, let the petitioner above-named, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Katihar, in connection with Amdabad P.S. Case No. 11 of 2026.

7. The application stands allowed.

(Praveen Kumar, J) Jyoti/- U T