Patna High Court
Karnal Paswan @ Karneal PasbanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner, subject to a cash bond, two sureties, a mandatory donation of Rs 25,000, and monthly attendance at the police station.
Summary
Karnal Paswan was arrested in February 2026 after police recovered 45 litres of illicit liquor from his residence, charging him under Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. He filed an application for regular bail, offering to donate Rs 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Court, after considering the facts and the petitioner’s undertaking, allowed the bail application, directing release on a bail bond of Rs 10,000 with two sureties, and imposing conditions that the petitioner deposit the Rs 25,000 with Ramakrishna Mission Sevashrama and attend the Lakhnour Police Station every Sunday. The order also clarified that its observations are prima facie and do not affect the merits of the trial. The bail was granted subject to compliance with the stipulated conditions.
Issues considered
- Whether bail should be granted to an accused charged under Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the condition of a monetary donation to a charitable institution is a valid condition for bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275
Subjects
- bail
- illicit liquor
- prohibition law
- criminal procedure
- conditions of bail
- donation condition
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19914 of 2026
Arising Out of PS. Case No.-17 Year-2026 Thana- LAKHNAUR District- Madhubani
======================================================
Karnal Paswan @ Karneal Pasban Son of Late Dev Narayan Paswan @ Deo
Narayan Paswan Resident of village- Bathnaha PS -Lakhnour District-
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti
For the Opposite Party/s : Mr. Kanhiya Kishor
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Lakhnour P.S. Case No. 17 of
2026, registered for offences punishable under Sections 274 and
275 of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of
the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 45 liters of illicit liquor
have been recovered from the backyard of the petitioner’s
house. The petitioner is in custody since 05.02.2026.
4. Learned counsel for the petitioner submits that the
petitioner undertakes to donate a sum of Rs. 25,000/- (Rupees
Twenty-Five Thousand only) to a charitable organization,
Patna High Court CR. MISC. No.19914 of 2026(2) dt.01-04-2026
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without prejudice to his defence and without admitting guilt.
5. Learned APP for the State has opposed the prayer
for bail.
6. Having considered the facts and circumstances of
the case, and the submissions advanced on behalf of the parties,
the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Lakhnour P.S. Case
No. 17 of 2026, subject to the following conditions:
(I). The petitioner shall deposit a sum of
Rs. 25,000/- (Rupees Twenty-Five Thousand only)
with Ramakrishna Mission Sevashrama, Swami
Vivekananda Path, Bela, Muzaffarpur, Bihar, and
shall produce a valid receipt thereof before the
court below. The bail bonds shall be accepted only
after verification of the genuineness of the said
receipt.
(ii). The petitioner shall mark his
attendance at Lakhnour Police Station on every
Sunday of each month. In the event of default, the
bail bonds shall be liable to be cancelled.
8. It is made clear that any observation made herein is
Patna High Court CR. MISC. No.19914 of 2026(2) dt.01-04-2026
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prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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