Kishan Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18833 of 2026 Arising Out of PS. Case No.-71 Year-2026 Thana- Excise P.S. District- Muzaffarpur ====================================================== Kishan Lal S/o Moda Ram RO Village- Ratasar, PS- Bijrad, District- Barmer, Rajasthan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 25-03-2026 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 Excise P.S. Case No. 71 of 2026 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 2246.400 litres of illicit foreign liquor was recovered from the truck which the petitioner was driving.

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 vehicle from which the alleged liquor was recovered. It has further been submitted that the petitioner has no concern with the said

Patna High Court CR. MISC. No.18833 of 2026(2) dt.25-03-2026 2/2 recovery. It is also submitted that the procedure prescribed under Section 105 of the B.N.S.S. has not been followed. It is lastly submitted that the petitioner has one criminal antecedent in which he is on bail and is in custody since 12.01.2026.

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, Muzaffarpur, in connection with Excise P.S. Case No. 71 of 2026.

7. The application stands allowed.

8. It is further directed that if the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bonds. (Praveen Kumar, J) Jyoti/- U T