Kishan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29831 of 2026 Arising Out of PS. Case No.-25 Year-2026 Thana- LACHHUAR District- Jamui ====================================================== Kishan Kumar Son of Late Ashok Singh Resident of Village - Dhabauli, Police Station - Lakho, District - Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Sarita Kumri, Advocate For the State :
Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-05-2026 Learned counsel for the petitioner is permitted to make necessary correction in paragraph-3 of the bail petition, in course of the day.
2. Heard Mrs. Sarita Kumri, learned counsel for the petitioner and Mr. Khurshid Anwar, learned APP for the State.
3. Petitioner seeks bail, who is in custody since 26.02.2026, in connection with Lachhuar P.S. Case No. 25 of 2026, F.I.R. dated 25.02.2026 registered for the offences punishable under Sections 30(a)/32 of the Bihar Prohibition & Excise Act.
4. Recovery is of 250.56 litres of foreign liquor.
5. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. She further submits that it appears from the F.I.R.
Patna High Court CR. MISC. No.29831 of 2026(2) dt.05-05-2026 2/3 as well as seizure list that recovery has been made from the vehicle in question and petitioner is not the owner of the vehicle in question. It appears from the F.I.R. that altogether 250.56 litres of foreign liquor was recovered from the vehicle in question. He further submits that from perusal of the seizure list it appears that the seizure list witnesses are police personnel so there is non-compliance of Sections 103 and 105 of BNSS, 2023 and the petitioner is in custody since 26.02.2026.
6. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries two more cases of similar nature other than the present one but fairly submits on the basis of paragaph-3 of the bail petition that the petitioner is on bail in the pending matters.
7. Considering the facts and circumstances of the case and the fact that 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 & Excise Court-1, Jamui in connection with Lachhuar P.S. Case
Patna High Court CR. MISC. No.29831 of 2026(2) dt.05-05-2026 3/3 No. 25 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 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