Patna High Court

Karan KumarversusThe State of Bihar

Decided: 31 March 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

Anticipatory bail was granted as the petitioner was not in conscious possession of the illicit liquor and had a clean antecedent.

Summary

The petitioner, Karan Kumar, owner of a motorcycle, was implicated in a case where eight litres of illicit liquor were recovered from his vehicle in a raid under the Bihar Prohibition and Excise Act, 2022. He claimed that he had lent the motorcycle to a co‑villager, Muskan Kumar, who was carrying the liquor without his knowledge, and that the liquor was not found in his conscious physical possession. The State opposed his application for anticipatory bail. The court examined the factual submissions, noted the lack of direct possession and the petitioner's clean antecedent, and held that there was no prima facie case to deny bail. Consequently, the court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and the condition that the petitioner surrender within four weeks, invoking Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. in view of the alleged recovery of illicit liquor from his vehicle
Whether the absence of conscious physical possession and the petitioner's clean antecedent justify granting bail

Legislation cited

Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
illicit liquor
possession
Bihar Prohibition and Excise Act
Criminal Procedure Code
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19085 of 2026
                        Arising Out of PS. Case No.-697 Year-2025 Thana- RAHUI District- Nalanda
                 ======================================================
                 Karan Kumar S/o Vinod Yadav R/o Village- Chhatarpur, P.S.- Noorsarai,
                 District- Nalanda (owner of Glamour Motorcycle bearing Registration No.
                 BR01EG4090)
                                                                           ... ... Petitioner
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ranvijay Singh, Advocate
                 For the Opposite Party/s :        Mr.Lakshmi Kant Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   31-03-2026               Heard learned counsel for the petitioner and learned

                   APP for the State.

                             2. The accused-petitioner, not named in the F.I.R., is

                   apprehending his arrest in connection with Rahui (Bhagan

                   Bigha) P.S. Case No. 697 of 2025 registered for the

                   offences punishable under Sections 30(a) of the Bihar

                   Prohibition and Excise Act, 2022.

                             3. As per FIR, total eight (8) liters of illicit liquor was

                   alleged to be recovered from the motorcycle bearing

                   Registration No. BR01EG-4090, which alleged to be owned

                   by this petitioner.

                             4. Learned counsel appearing on behalf of the

                   petitioner submitted that petitioner in good faith had given
Patna High Court CR. MISC. No.19085 of 2026(2) dt.31-03-2026
                                            2/3




          his motorcycle to one co-villager/friend namely, Muskan

          Kumar, who was carrying illicit liquor on the aforesaid

          motorcycle without giving knowledge to him. It is submitted

          that admittedly recovered illicit liquor was not found from

          conscious physical possession of this petitioner. Petitioner

          claimed clean antecedent.

                   5. Learned A.P.P. for the State opposes the prayer

          for anticipatory bail of the petitioner.

                   6. In view of the aforesaid factual submissions and

          by taking note of the fact as prima facie recovery of illicit

          liquor not appears to be made from conscious physical

          possession of this petitioner, who is a man of clean

          antecedent, accordingly, above-named petitioner, in the

          event of his arrest/surrender within a period of four weeks

          from this order, is directed to be enlarged on bail on

          furnishing of bail bond of Rs.10,000/- (ten thousand only)

          with two sureties of the like amount each to the satisfaction

          of learned Special Judge, Excise – IInd, Biharsharif,

          Nalanda/concerned court in connection with Rahui (Bhagan

          Bigha) P.S. Case No. 697 of 2025, subject to the conditions
           Patna High Court CR. MISC. No.19085 of 2026(2) dt.31-03-2026
                                                       3/3




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

                     482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short

                     “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T

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