Patna High Court
Karan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, finding no sufficient grounds to deny it.
Summary
The petitioner, Karan Kumar, was arrested in connection with the seizure of 522 litres of country-made liquor and 18 litres of foreign liquor from a car, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was merely a passenger, had no knowledge of the contraband, and that the seizure list was not prepared in compliance with Section 105 of the BNSS. The State argued that the petitioner had a prior criminal case and opposed bail. After hearing both sides, the court found insufficient evidence of his participation and noted the procedural lapse in the seizure process. Consequently, the court ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Judge, Excise Court No. II, Sitamarhi.
Issues considered
- What is the applicability of regular bail under Section 30(a) of the Bihar Prohibition and Excise Act to a person alleged to be a mere passenger?
- Whether the failure to comply with Section 105 of the BNSS in preparing the seizure list warrants bail.
- Whether the petitioner’s alleged prior criminal antecedent justifies denial of bail.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- seizure procedure
- Section 105 BNSS
- criminal antecedent
- passenger liability
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23516 of 2026
Arising Out of PS. Case No.-89 Year-2025 Thana- Bhittha District- Sitamarhi
======================================================
Karan Kumar S/O Shailendra Rai @ Shailendra Kumar Resident of Village-
Fatehpur, Ward No.9, P.S. and Dist- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Jha
For the Opposite Party/s : Mr.Suresh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 20-04-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from a car
vehicle, altogether 522 liters of country made liquor and 18
liters of foreign liquor were recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted the said car was being
driven by one Shiva Kumar. Nothing has been recovered from
the possession of the petitioner. He has been falsely implicated
in this case. He is merely a passenger of the said vehicle. He is
Patna High Court CR. MISC. No.23516 of 2026(2) dt.20-04-2026
2/2
unaware of the alleged consignment. The witnesses of the
seizure list are police personnel and police has not complied
Section 105 of BNSS while preparing seizure list. Moreover, he
is languishing in judicial custody since 21.11.2025 having no
criminal antecedent.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and submitted
that petitioner is having criminal antecedent of one case.
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 released on bail in connection with
Bhitha P.S. Case No. 89 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Judge
Excise Court No. II, Sitamarhi.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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