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Patna High Court

Karan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to specified conditions.

Summary

The petitioner, Karan Kumar, sought anticipatory bail after being implicated in a case (Masaurhi P.S. Case No. 170 of 2026) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 involving the recovery of 283 litres of foreign liquor. The petitioner claimed innocence, clean antecedents, and that his name surfaced only on suspicion. The State opposed the bail, arguing the seriousness of the offence. The Court, applying Section 438(2) of the CrPC and Section 482 of the BNSS Act, allowed the anticipatory bail with a bond of Rs.10,000, two sureties, a deposit of Rs.25,000 to a charitable institution, and regular attendance at the police station. The order also stipulated cancellation of bail upon default in appearance.

Issues considered

  • What is the appropriateness of granting anticipatory bail under Section 438 CrPC in the context of alleged violation of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022?
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses warranting denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • foreign liquor
  • Section 438 CrPC
  • Section 482 BNSS
  • bail conditions
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37128 of 2026
                       Arising Out of PS. Case No.-170 Year-2026 Thana- MASAUDHI District- Patna
                 ======================================================
                 Karan Kumar S/O Rambabu Yadav R/O Village- Malmachak, P.S.- Masaurhi,
                 Distt.- Patna.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Soni Kumari, Advocate
                 For the Opposite Party/s :       Mr.Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   15-06-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Masaurhi P.S. Case No. 170 of 2026 registered

                   for the offence under Section 30(a) of the Bihar Prohibition and

                   Excise (Amendment) Act, 2022.

                                   3. As per the prosecution case, the recovery is of

                   total 283 litres of foreign liquor from different boxes.

                                    4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case. It is next submitted that the name

                   of the petitioner has surfaced merely on the ground suspicion.

                   Petitioner has clean antecedent.

                                      5. Learned A.P.P. for the State opposes the prayer
Patna High Court CR. MISC. No.37128 of 2026(2) dt.15-06-2026
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          for anticipatory bail of the petitioner.

                          6. Considering the aforesaid facts, this application

          is allowed.

                          7. Let the petitioner, above named, in the event of

          his arrest or surrender before the concerned Court below within

          four weeks from today, be released on bail on furnishing bail

          bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of the learned Special

          Judge, Excise IIIrd, Patna/ concerned Court below in connection

          with Masaurhi P.S. Case No. 170 of 2026, subject to the

          conditions laid down in Section 438(2) of the Code of Criminal

          Procedure, 1973 / Section 482 of the BNSS.

                       8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 25,000/- in

          Ramkrishna Mission Ashrama, Nala Road, Patna and produce

          the receipt of the same before the Court below. The bail bonds

          of the petitioner shall be accepted after verifying the

          genuineness of the receipt produced by the petitioner.

                       9. As a condition of this order, the petitioner after

          being released on bail, is directed to mark his attendance at

          Masaurhi Police Station, District- Patna on first and third

          Sunday of every month. Any default in appearance at the Police
              Patna High Court CR. MISC. No.37128 of 2026(2) dt.15-06-2026
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                        Station will result in cancellation of bail bonds of the petitioner.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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