Krishna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43777 of 2026 Arising Out of PS. Case No.-191 Year-2026 Thana- DHAKA District- East Champaran ====================================================== 1.
Krishna Kumar, aged about 28 Yrs, Male, Son of Rambabu Singh 2.
Vishwajit Kumar @ Tipu @ Vishwapratap Kumar, aged about 29 years, Male, Son of Jyotish Sah Both are Resident of village- Chainpur Dhaka, PS -Dhaka, District -East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shanti Bhushan Singh, Advocate For the Opposite Party/s :
Mrs. Shaheen Begum, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 08-07-2026 Heard Mr. Shanti Bhushan Singh, learned counsel appearing on behalf of the petitioners and Mrs. Shaheen Begum, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Dhaka P.S. Case No. 191 of 2026 registered for the offence punishable under Sections 30 (a) of the Bihar Prohibition and Excise Act as amended up-to-date.
3. Allegation is of recovery of 253.2 litres of illicit liquor from a tempo without having registration number, chassis number and engine number. Petitioners are said to have fled away from the place of occurrence.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.43777 of 2026(2) dt.08-07-2026 2/3 petitioners submitted that the petitioners have been falsely implicated in the present case. Petitioners have no concern with the alleged seized liquor or with the tempo, from which the alleged illicit liquor was recovered, nor they are involved in trade of liquor in any manner. The name of the petitioners has been disclosed by co-villagers, who had gathered at the place of occurrence. On these grounds, petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.
6. Considering the previous criminal antecedents of petitioner no. 1, who has been made accused in several other cases for similar offence allegedly committed under Bihar Prohibition and Excise Act as amended up-to-date, I am not inclined to enlarge the petitioner no. 1 on pre-arrest bail.
7. So far as, petitioner no. 2 is concerned, considering that general and omnibus allegation has been levelled against him and also the fact that the State has failed to implement its liquor policy in its true spirit, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.43777 of 2026(2) dt.08-07-2026 3/3 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District Court where the case is pending, in connection with Dhaka P.S. Case No. 191 of 2026, subject to the condition as laid down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the criminal antecedent of the petitioner no. 2 as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner no. 2 as what has been stated in paragraph no. 3, this order will lose its force automatically.
9. The present bail application is disposed of. (Purnendu Singh, J) Niraj/- U T