Murari @ Krishna Singh @ Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31400 of 2026 Arising Out of PS. Case No.-38 Year-2026 Thana- SIKRAUL District- Buxar ====================================================== Murari @ Krishna Singh @ Krishna Kumar S/O Sudheshwar Singh Resident of village- Parmeshwarpur, P.S.- Sikraul, Dist.- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Kamal Deo Sharma For the Opposite Party/s :

Mr. Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-05-2026 Heard Dr. Kamal Deo Sharma, learned counsel for the petitioner and Mr. Abhay Kumar, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 24.03.2026 in connection with Sikraul P.S. Case No. 38 of 2026 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

3. The case of the prosecution, in short, is that on 16.03.2026 the informant received a secret information at 11.30 o' clock that a village of Parmeshwarpur field in tubal of Murari Singh put in heavy quantity illegal liquor by the Murari Singh and Piush Kumar. As per information that the information given higher authorities and for verification of that information they are reached on that place of occurrence at about 12:00 o' clock and put on raid on that boring. On that action saw several persons reached there but no one person ready for made as independent witness then on appearance of police personnel

Patna High Court CR. MISC. No.31400 of 2026(2) dt.08-05-2026 2/3 made as witness and search the said boring and total recovered about 99.90 liters of liquor. That after a seizure list prepared and the said FIR was lodged against two accused persons including this petitioner.

4. Learned counsel for the petitioner submits that it appears from the FIR and seizure list that altogether 99.90 liters of liquor was recovered from the boring of the petitioner. It is next submitted that the petitioner has no concern at all with the alleged recovery of liquor and from perusal of the seizure list it appears that the seizure list witnesses are police personnel so there is non-compliance of mandatory provisions of Sections 103 and 105 of BNSS, 2023 and petitioner is in custody since 24.03.2026.

5. The learned Additional Public Prosecutor for State has vehemently opposed the prayer for bail of the petitioner and submits that petitioner has antecedent of one case other than the present case but fairly submits that petitioner is on bail in the pending matter.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.31400 of 2026(2) dt.08-05-2026 3/3 Exclusive Special Judge, Excise Court No. 2, Buxar in connection with Sikraul P.S. Case No. 38 of 2026, subject to the following conditions:- i. 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. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. 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 antecedent, 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) Gaurav Sinha/- U T