Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30883 of 2026 Arising Out of PS. Case No.-17 Year-2026 Thana- ADHAOURA District- Kaimur (Bhabua) ====================================================== 1.

Krishna Kumar S/o Rajesh Yadav Resident of Village - Maanu, P.S. - Rohtas, Dist. - Rohtas, Bihar.

2.

Bahadur Yadav S/o Sita Yadav Resident of Village - Maanu, P.S. - Rohtas, Dist. - Rohtas, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aquaib Khan, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-05-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that from a vehicle, altogether 210.390 liters of illicit liquor was recovered.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Learned counsel for the petitioners has submitted that nothing has been recovered from the possession of the petitioners. Petitioner no.1 was merely a driver and petitioner no. 2 was

Patna High Court CR. MISC. No.30883 of 2026(2) dt.07-05-2026 2/2 sitting in that vehicle. They were having no information regarding the alleged consignment and they have no concern with the alleged recovery. There is no independent witness of the seizure list rather they are police personnel and police has not complied Section 105 of BNSS while preparing the seizure list. Moreover, they are languishing in judicial custody since 08.03.2026.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Adhaura P.S. Case No. 17 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise)-II, Kaimur at Bhabhua.

(Ashok Kumar Pandey, J) Shubham/- U T