Patna High Court
Karan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Karan Kumar, was arrested in connection with a case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 after 64.425 litres of foreign liquor was recovered from bushes behind his house. The petitioner argued that no incriminating article was found in his conscious possession, he has no prior criminal record except one antecedent, and he has been in custody since 30 March 2026. The State opposed bail, contending the seriousness of the offence. The Court noted the absence of the liquor from the petitioner’s possession and considered his limited antecedent, and consequently granted bail on a bond of Rs 10,000 with two sureties. The order expressly limited its observations to the bail application and clarified they do not prejudice the trial.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 when the alleged contraband was not recovered from his conscious possession.
- Whether the petitioner’s single prior criminal antecedent warrants denial of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- possession of liquor
- criminal antecedent
- Section 30(a)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34891 of 2026
Arising out of PS. Case No.-227 Year-2022 Thana- BARAUNI District- Begusarai
======================================================
Karan Kumar Son of Ranjeet Chauhan Resident of Village - Thakurichak
Durgasthan, Police Station - Barauni (Garhara), District - Begusarai (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra, Adv.
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Barauni (Garhara) P.S.
Case No. 227 of 2022 registered under Section 30(a) of Bihar
Prohibition and Excise (Amendment) Act, 2018.
3. The allegation is that 64.425 litres of foreign made
liquor was recovered from the bushes behind the house of the
petitioner.
4. Learned counsel for the petitioner submits that
nothing incriminating article was recovered from the conscious
possession of the petitioner. He further submits that the
petitioner has no criminal antecedent and is in custody since
30.03.2026.
5. Learned Additional Public Prosecutor for the State
Patna High Court CR. MISC. No.34891 of 2026(2) dt.20-05-2026
2/2
has vehemently opposed the prayer for bail of the petitioner.
6. Considering that nothing incriminating article was
recovered from the conscious possession of the petitioner and
the petitioner is in custody since 30.03.2026 having one
criminal antecedent, this Court is inclined to grant bail to the
petitioner.
7. Let the petitioner, above named, be released
on bail on furnishing bail bonds of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to
the satisfaction of the learned Exclusive Special
Excise, Judge-1, Begusarai, in connection with
Barauni (Garhara) P.S. Case No. 227 of 2022.
8. It is made clear that any observation made
herein is 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.
(Ansul, J)
Vikash/-
U T
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