Created by Fuzzy Cloud

Patna High Court

Karun KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, granting provisional bail subject to bond, sureties and verification of antecedent.

Summary

Karun Kumar was implicated in a case under Section 414 IPC and Sections 30(a) and 45 of the Bihar Prohibition and Excise Act, 2016 for allegedly possessing 0.375 litre of liquor found with Dilip Kumar, who was also in possession of a motorcycle owned by Karun Kumar. The petitioner argued that he had no prior criminal record, was not in actual possession of the liquor, and was unaware of any misuse of his vehicle. The State opposed the anticipatory bail application. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditions under Section 438(2) of the Cr.P.C., directing verification of the petitioner’s antecedent. The order stipulated that if any antecedent is discovered, the bail would be cancelled; otherwise, it would be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in view of the alleged offence under IPC and the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s ownership of the vehicle and alleged lack of conscious possession of liquor justify granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 Cr.P.C.
  • liquor offence
  • vehicle ownership
  • clean antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11994 of 2026
                      Arising Out of PS. Case No.-646 Year-2023 Thana- ISLAMPUR District- Nalanda
                 ======================================================
                 Karun Kumar Son of Rajendra Yadav Resident of Village- Bolakpur, P.S.-
                 Hulasganj, District- Jehanabad

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sunil Prasad, Advocate
                 For the Opposite Party/s :       Mr. Suresh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offences punishable under Sections 414 of the Indian

                   Penal Code as well as Sections 30(a)/45 of Bihar Prohibition

                   and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 0.375 litre of liquor from possession of Dilip Kumar

                   along with a motorcycle. It is next submitted that petitioner was

                   not arrested from the spot, as such, nothing was recovered from

                   his conscious possession and he came to be implicated based on

                   the fact that he is owner of the seized vehicle. It is next

                   submitted that no prudent person would use his own vehicle for
Patna High Court CR. MISC. No.11994 of 2026(2) dt.24-02-2026
                                            2/3




          committing an occurrence and thus, would create evidence

          against himself and hence, would get implicated. It is also

          submitted that petitioner was completely unaware that Dilip

          Kumar would misuse the vehicle in the manner as alleged, who

          was also apprehended from the spot along with Gautam Kumar.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner, above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of learned Additional

          Sessions Judge-IV-cum-Special Judge Excise-II, Nalanda in

          connection with Islampur P.S. Case No.646 of 2023, subject to

          the conditions laid down under Section 438(2) of the Cr.P.C.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedent of even one case, then it
               Patna High Court CR. MISC. No.11994 of 2026(2) dt.24-02-2026
                                                           3/3




                         would be presumed that petitioner for the purposes of obtaining

                         anticipatory bail had concealed his antecedent before this Court,

                         in that event, the present provisional anticipatory bail order shall

                         not be confirmed, but if on verification, it is found that

                         petitioner is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.