Bandhan Kumar @ Krishana Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19846 of 2025 Arising Out of PS. Case No.-184 Year-2023 Thana- GANGABRIDGE District- Vaishali ====================================================== Bandhan Kumar @ Krishana Kumar Son of Umesh Singh Resident of Village - Sahdullahpur, P.S. - Ganga Bridge, District - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar, Adv For the Opposite Party/s :
Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Ganga Bridge P.S. Case No. 184 of 2023 registered for the offences under Section 30 (a) of the Bihar Prohibition and Excise Act.
3. The petitioner is named in the F.I.R. and is in custody since 25.01.2025.
4. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 153.375 litres of IMFL/country made liquor.
Patna High Court CR. MISC. No.19846 of 2025(3) dt.12-08-2025 2/3
5. Learned counsel appearing on behalf of the petitioner submitted that recovery of illicit liquor was made from nearby bamboo clumps, which is an open place and easily accessible by general public, therefore, it can be said safely that recovery of illicit liquor was not made from the conscious physical possession of this petitioner. It is further pointed out that petitioner implicated with the present case due to suspicion arising out of 12 criminal antecedents of similar nature, where he is on bail in 9 cases and in almost all cases his name transpired on the basis of disclosure or upon suspicion as of the present case having otherwise no evidentiary value under law. While concluding the argument it is submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP appearing on behalf of the State, opposes the prayer for bail.
7. In view of the facts and circumstances as mentioned above and by taking note of fact as
Patna High Court CR. MISC. No.19846 of 2025(3) dt.12-08-2025 3/3 recovery of illicit liquor prima-facie not appears to be made from the conscious physical possession of this petitioner, coupled with the fact as petitioner is in custody since 25.01.2025, where charge-sheet has already submitted, accordingly, petitioner, above named, is directed to be released on bail in connection with Ganga Bridge P.S. Case No. 184 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1-cumAdditional District and Sessions Judge, Vaishali at Hajipur/concerned court, subject to the conditions as mentioned under Section 480(3) of the BNSS. (Chandra Shekhar Jha, J.) S.Tripathi/- U T