Patna High Court
Karun KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 45
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 414
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
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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
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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
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