Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29637 of 2026 Arising Out of PS. Case No.-49 Year-2026 Thana- DEODHA District- Madhubani ====================================================== Krishna Kumar S/o Bhogendra Sahani @ Bhagendra Sahani R/o vill - Madhiya Kamlabari, ward no 15, P.S.- Basopatti, Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Shabina Talat, Advocate For the State :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-05-2026 Heard Ms. Shabina Talat, learned counsel for the petitioner and Mr. Raj Kishor Singh, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 03.04.2026, in connection with Deodha P.S. Case No. 49 of 2026, F.I.R. dated 02.04.2026 registered for the offences punishable under Sections 274, 275 of the B.N.S., 2023 and Sections 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022.

3. Recovery is of 180 litres of Nepali liquor.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. She further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner

Patna High Court CR. MISC. No.29637 of 2026(2) dt.04-05-2026 2/3 rather recovery has been made from the motorcycle in question and altogether 180 litres of Nepali liquor was recovered from the motorcycle in question. It appears from the seizure list that the seizure list witnesses are police personnel so there is noncompliance of Sections 103 and 105 of BNSS, 2023 and the petitioner is in custody since 03.04.2026.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and nothing has been recovered from the conscious possession of the petitioner and there is non-compliance of Sections 103 and 105 of the BNSS, 2023, let the petitioner, above named, be released on bail 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 Judge, Madhubani in connection with Deodha P.S. Case No. 49 of 2026, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and

Patna High Court CR. MISC. No.29637 of 2026(2) dt.04-05-2026 3/3 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T