Patna High Court
Karan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
Karan Kumar was arrested in connection with a case of illicit liquor seized 500 metres from a field, alleged to violate Sections 30(a), 30(c), 34 and 36 of the Bihar Prohibition and Excise Act. The petitioner claimed he had no involvement, no possession of the liquor, and was falsely implicated based solely on a chowkidar’s statement, also noting non‑compliance with Section 105 of the BNSS during the seizure. The State opposed bail, but the court considered the lack of direct evidence, the petitioner’s clean record and his continued custody since 7 February 2026. The court found merit in the petitioner's arguments and ordered that bail be granted on a bond of Rs.10,000 with two sureties. The order directs compliance with the Special Judge, Excise‑I, Saran at Chapra.
Issues considered
- Whether bail should be granted to the petitioner under the Bihar Prohibition and Excise Act offences.
- Whether the seizure complied with Section 105 of the BNSS and thus justifies the charge against the petitioner.
- Whether the petitioner’s alleged involvement, based only on a chowkidar’s statement, is sufficient to deny bail.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- false implication
- seizure
- Section 105
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17199 of 2026
Arising Out of PS. Case No.-79 Year-2026 Thana- DARIYAPUR District- Saran
======================================================
Karan Kumar Son of Devjit Mahto @ Devajit Mahato Resident of Village-
Bajahiyan, P.S.- Dariyapur, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Shweta Anand, Advocate
For the Opposite Party/s : Mr. Braj Kishore Pd., APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 19-03-2026 Heard learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner has prayed for bail in connection
with Dariyapur P.S. Case No. 79 of 2026 registered for the
offence punishable under Sections 30(a), 30(c), 34, 36 of the
Bihar Prohbition and Excise Act.
3. The case of the prosecution, in short, is that 500
meters east from the fields of Shobha Rai, 30 liters of country-
made illicit liquor were recovered.
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 also submits that nothing has been recovered from the
possession of this petitioner. The witnesses of the seizure list are
Patna High Court CR. MISC. No.17199 of 2026(2) dt.19-03-2026
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police personnel and the police has not complied with Section
105 of the BNSS and from the seizure list, it is clear that the
recovery was made from an open place. The name of this
petitioner has surfaced in this case only on the basis of
statement of the Chowkidar. He further submits that a statement
has been made in para 3 of the petition that petitioner has no
criminal antecedent and he is languishing in judicial custody
since 07.02.2026.
5. The application for bail is opposed by learned APP
for the State.
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 Special
Judge, Excise-I, Saran at Chapra in connection with Dariyapur
P.S. Case No. 79 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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