Patna High Court
Karan Kumar @ Karn ModversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied to the second petitioner.
Summary
Petitioner Karan Kumar sought to withdraw his pre‑arrest bail petition, which the court allowed, resulting in dismissal of his bail application. The second petitioner, Kundan Kumar, applied for anticipatory bail in a case involving alleged possession of 1.610 kg of ganja and 154 litres of illicit liquor, offenses under the NDPS Act, Bihar Prohibition and Excise Act, BNS Act and Bengal Gambling Act. The petitioner claimed innocence, arguing no incriminating material was found on his person and that his name surfaced only during investigation. The State highlighted that the petitioner has nine prior criminal convictions, many of a similar nature, and emphasized the large quantity of contraband recovered. Considering the seriousness of the offenses and the petitioner’s criminal history, the court rejected the anticipatory bail plea.
Issues considered
- Whether anticipatory bail should be granted to the second petitioner under the NDPS Act and related statutes
- Whether the petitioner’s prior criminal antecedents justify denial of bail
Legislation cited
- Bengal Gambling Act — s. 11
- Bihar Narcotic Substances (BNS) Act — s. 112(2), 318(4)
- Bihar Prohibition and Excise Act — s. 30(a)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(B) IIB, 8
Subjects
- anticipatory bail
- NDPS Act
- illicit liquor
- criminal antecedents
- bail petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39750 of 2026
Arising Out of PS. Case No.-144 Year-2026 Thana- MALSALAMI District- Patna
======================================================
1. Karan Kumar @ Karn Mod S/o Khudhi Rai Resident of Mohalla- Bhaisani
Tola, PS Malsalami, District- Patna
2. Kundan Kumar S/o Ashok Ray @ Ashok Kumar Yadav Resident of
Mohalla- Bhaisani Tola, PS Malsalami, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 29-06-2026 At the outset, learned counsel for the petitioners seek
permission to withdraw the pre-arrest bail petition of petitioner
no. 1.
2. Permission is accorded.
3. This bail petition with respect to petitioner no. 1 is
dismissed as withdrawn.
4. Heard learned counsel for the petitioner no. 2 and
the State .
5. Petitioner no. 2 apprehends arrest in a case
registered for the offence punishable under Sections 8, 20(B)
IIB of NDPS Act and Section 30 (a) of the Bihar Prohibition and
Excise Act and Sections 112(2) and 318(4) of the BNS and 11 of
Patna High Court CR. MISC. No.39750 of 2026(2) dt.29-06-2026
2/2
Bengal Gambling Act.
6. As per prosecution case , total 1.610 Kg of Ganja
and 154 liters of illicit liquor was recovered from the spot.
7. It is submitted that the petitioner is innocent and
has falsely been implicated in this case. The name of petitioner
transpired during investigation. No incriminating material has
been recovered from the conscious possession of the petitioner.
8. Learned counsel for the State submits that
petitioner has got 9 criminal antecedents most of them are of
similar nature.
9. Considering the huge quantity of recovery and also
the fact that petitioner has got 9 criminal antecedents, prayer for
anticipatory bail is rejected.
(Prabhat Kumar Singh, J)
Koushik/Sanjay-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.