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Patna High Court

Kara Kumar @ Sunny KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Kara Kumar, was arrested in connection with a case registered under Section 30(a)(d) of the Bihar Prohibition and Excise Act for alleged manufacturing of illicit liquor. He contended that he was falsely implicated, had no criminal antecedents, and that no contraband was recovered from his possession. The State opposed his bail application, arguing the seriousness of the offence. After hearing both sides, the Court considered the lack of material evidence against him and his custodial status since 30‑01‑2026. The Court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Court of Excise, Patna.

Issues considered

  • Whether bail can be granted to an accused person in a case under Section 30(a)(d) of the Bihar Prohibition and Excise Act.

Subjects

  • bail
  • illicit liquor
  • prohibition law
  • excise
  • criminal procedure
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17172 of 2026
                         Arising Out of PS. Case No.-958 Year-2025 Thana- FATUA District- Patna
                 ======================================================
                 Kara Kumar @ Sunny Kumar, S/o Aditya Sharan @ Aaditay Mistri, R/o -
                 Dumri, P.S.- Fatuha, District - Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ram Jiban Pd Singh, Advocate
                 For the Opposite Party/s :       Mr. Prem Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   19-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Fatuha P.S. Case No. 958 of 2025 registered for the offence

                   punishable under Section 30(a)(d) of Bihar Prohibition and

                   Excise Act.

                                3. The case of the prosecution, in short, is that police

                   had information that certain persons were indulged in

                   manufacturing of illicit liquor.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He has no concern with the alleged recovery. Nothing has

                   been recovered from his possession. His name has surfaced in
             Patna High Court CR. MISC. No.17172 of 2026(2) dt.19-03-2026
                                                         2/2




                       the statement of the co-accused. He is having no criminal

                       antecedent and he is languishing in judicial custody since

                       30.01.2026.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the application for bail.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned

                       Exclusive Special Court of Excise, Patna City (Patna) in

                       connection with Fatuha P.S. Case No.958 of 2025.


                                                   (Ashok Kumar Pandey, J)

lata/-
U        T


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