Patna High Court
Karan Kumar Mishra @ Karan MishraversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Karan Kumar Mishra, was arrested for alleged possession of 15.480 litres of foreign liquor found in the toolbox of his e‑rickshaw, invoking Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, arguing that he was merely the owner of the vehicle and had no knowledge of the liquor, which he said was likely carried by a passenger who fled when police arrived. The State opposed bail, while the petitioner, a 21‑year‑old with one prior case on bail, sought regular bail. The court considered the petitioner’s young age, the short period of custody, lack of independent witnesses to the seizure, and his willingness to cooperate. Accordingly, the court ordered that bail be granted on a bond of Rs. 10,000 with two sureties, subject to the satisfaction of the Exclusive Excise Special Court.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case
- Whether ownership of the e‑rickshaw suffices to establish culpability for the seized liquor
Subjects
- bail
- excise
- prohibition
- foreign liquor
- Section 30(a)
- Bihar
- criminal procedure
- e‑rickshaw
- seizure
- young accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11256 of 2026
Arising Out of PS. Case No.-4 Year-2026 Thana- Excise P.S. District- Buxar
======================================================
Karan Kumar Mishra @ Karan Mishra Son of Deenanath Mishra @ Dinanath
Mishr Resident Of Village- Civil Line, Ward No 19, Police Station- Buxar
Nagar, District- Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajiv Ranjan Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Buxar Utpad P.S. Case No. 04 of 2026 for the offences
registered under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. There is recovery of 15.480 litre of foreign liquor
from the passenger seat of E-rickshaw of the petitioner, kept in
tool box.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case being owner of the said E-rickshaw. He has no concern
with the seized liquor. A passenger who was sitting in the E-
rickshaw after seeing the police fled away from there might
Patna High Court CR. MISC. No.11256 of 2026(2) dt.17-02-2026
2/2
have carried the said liquor and petitioner was caught. Petitioner
had no knowledge about the seized liquor. There is no
independent witness to the search and seizure. Petitioner has one
criminal antecedent in which he is on bail. He is in judicial
custody since 05.01.2026. Petitioner is a young boy of 21 year.
He undertakes to co-operate in the trial.
5. Learned counsel appearing on behalf of the State
opposes the prayer for grant of bail to the petitioner.
6. Considering the submissions made on behalf of the
parties, facts and circumstances of the case, young age of the
petitioner and period of custody undergone, let the petitioner,
named above, be enlarged on bail upon furnishing bail bond of
Rs. 10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Excise
Special Court No.-2, Buxar in connection with Buxar Utpad P.S.
Case No. 04 of 2026.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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