Patna High Court
Karan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Karan Kumar, was arrested as the driver of a Swift Dezire car from which 48 litres of illicit foreign liquor were seized, and a second vehicle yielded 190.080 litres. He was charged under Sections 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no knowledge of the contraband, that the liquor was not in his conscious possession, and that the search and seizure did not follow the procedures prescribed under Sections 103/105 of the relevant statute. He also highlighted his clean criminal record and the fact that he had been in custody since 7 May 2026. After hearing both sides, the Court considered the circumstances, the lack of evidence of his knowledge, and the duration of custody, and ordered that he be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount. The application for bail was therefore allowed.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged under the Bihar Prohibition and Excise Act.
- Whether the alleged procedural lapses in search and seizure affect the bail decision.
- Whether the petitioner’s lack of knowledge and clean antecedent justify bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 41, 56(b)
- B.N.S.S. — s. 103, 105
Subjects
- bail
- excise
- illicit liquor
- search and seizure
- procedural lapse
- driver
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39159 of 2026
Arising Out of PS. Case No.-2861 Year-2026 Thana- Excise P.S. District- Patna
======================================================
Karan Kumar S/O Ajay Kumar Singh Resident of Mohalla- Sanjay
Gandhinagar, Rd No.-2, P.S- Patrakarnagar, Distt.- Patna, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Excise P.S. Case No.
2861 of 2026 dated 06.05.2026 registered for the offences
punishable under Sections 30(a), 41 and 56(b) of the Bihar
Prohibition and Excise Act.
3. As per the allegation, total 48 liters of illicit foreign
liquor was recovered from a Swift Dezire car, which the
petitioner was found driving and from other vehicle 190.080
litres of illicit foreign liquor was recovered.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case. It has further been submitted that nothing has been
recovered from the conscious possession of the petitioner. It has
Patna High Court CR. MISC. No.39159 of 2026(2) dt.17-06-2026
2/2
further been submitted that petitioner happens to be the driver of
the car in question from which the alleged recovery has been
made. It has further been submitted that petitioner being the
driver was not aware that the consignment contained the illicit
liquor. It has further been submitted that the procedures of
search and seizure as prescribed under Section 103/105 of the
B.N.S.S. have not been followed with. It is further submitted
that the petitioner has got no criminal antecedent. It has lastly
been submitted that petitioner is in custody since 07.05.2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Heard the parties and perused the records.
7. Considering the facts and circumstances of the case
as well as the period of custody, the petitioner above-named is
directed to be enlarged on bail on furnishing bail-bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Court concerned,
Patna in connection with Excise P.S. Case No. 2861 of 2026.
8. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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