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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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