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Patna High Court

Karu Rai @ Karu Kumar @ Rishu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                                              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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