Patna High Court
Karan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Narcotic and Smuggling (BNSS) Act — s. 482
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
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
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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
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Station will result in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
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