Patna High Court
Karu Rai @ Karu Kumar @ Rishu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the petitioner's application for anticipatory bail, subject to specified conditions.
Summary
The petitioner, Karu Rai, was implicated in a case (PS Jakkanpur Case No. 302 of 2026) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, involving the recovery of 881.28 litres of illicit liquor. He asserted his innocence, claimed a clean antecedent, and offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed his request for anticipatory bail. The High Court, after considering the facts and the petitioner's submissions, allowed the anticipatory bail application subject to a bail bond of Rs. 10,000 with two sureties and several conditions, including the donation, regular attendance at the police station, and verification of his antecedent. The order emphasized that its observations were prima facie and not to influence the trial. Consequently, the petitioner was released on anticipatory bail pending further proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioner accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner's claim of innocence and clean antecedent justifies the grant of bail.
- Whether the conditions imposed by the court are lawful and appropriate under Section 482(2) of the Code of Criminal Procedure.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- clean antecedent
- bail conditions
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38201 of 2026
Arising Out of PS. Case No.-302 Year-2026 Thana- JAKKANPUR District- Patna
======================================================
Karu Rai @ Karu Kumar @ Rishu Kumar S/o- SANJAY YADAV R/v- Dr.
Mashooque Ali Road, Ps- Khajkala Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate
Smt. Divya Bharti, Advocate
For the Opposite Party/s : Mr. Amitesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-06-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Jakkanpur P.S. Case No. 302 of 2026 registered for offences
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. There is recovery of 881.28 liters of illicit liquor
from the spot.
4. Learned counsel for the petitioner submits that the
petitioner is quite innocent and has not committed any offence.
He further submits that the petitioner is ready to donate Rs.
25,000/- (Rupees Twenty Five Thousand Only) in some
charitable organization without accepting his guilt. The
petitioner claims clean antecedent. It is further submitted that
Patna High Court CR. MISC. No.38201 of 2026(2) dt.16-06-2026
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the name of the petitioner has come in the case on the statement
of the co-accused.
5. Learned APP for the State has vehemently opposed
the prayer of the petitioner.
6. Considering the facts and circumstances of the case
and the submission of learned counsel for the petitioner, this
application for anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned concerned
Court below in connection with Jakkanpur P.S. Case No. 302 of
2026 subject to the conditions as laid down under Section
482(2) of the BNSS and with further condition(s) that:-
(I). The petitioner shall deposit an
amount of Rs. 25,000/- (Rupees Twenty Five
Thousand Only) in Ramakrishna Mission
Ashrama, Ramakrishna Avenue, Nala Road,
Patna, Bihar 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.
(ii). The petitioner is directed to
Patna High Court CR. MISC. No.38201 of 2026(2) dt.16-06-2026
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mark his attendance at Khajkala Police
Station on every 1st and 3rd Sunday of each
month. Failure to do so, will result in
cancellation of bail bond of the petitioner.
(iii). At the time of accepting the
bail bonds of the petitioner, the Court below
shall verify the fact whether the petitioner
has clean antecedent or not. If it is found
that the petitioner has clean antecedent then
only his bail bonds shall be accepted by the
Court below.
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.
(Sandeep Kumar, J)
Shishir/-
U T
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