Patna High Court
Karanjeet Kumar @ Karanjeet RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted as the recovery did not constitute conscious possession and the petitioner had a clean antecedent.
Summary
The petitioner, Karanjeet Kumar, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, with 138.060 liters recovered from a mango orchard. He applied for anticipatory bail, arguing that the liquor was recovered from an open public area and not from his conscious physical possession, and highlighted his clean antecedents. The Additional Public Prosecutor opposed the bail. The court examined the factual submissions and noted that the recovery did not appear to involve the petitioner's direct possession. Considering the lack of evidence of conscious possession and the petitioner's clean record, the court directed that he be released on bail upon surrender, subject to a bond and sureties, under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The bail order was conditioned on compliance with the Exclusive Special Excise Court.
Issues considered
- Whether anticipatory bail is warranted when the alleged illicit liquor was recovered from an open public place and not from the petitioner's conscious possession
- Whether the petitioner’s clean antecedents justify granting bail under the applicable provisions
Legislation cited
- Bihar Non-Statutory (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40033 of 2026
Arising Out of PS. Case No.-298 Year-2024 Thana- PAKRIDAYAL District- East Champaran
======================================================
Karanjeet Kumar @ Karanjeet Ram, Son of Narendra Ram @ Nagendra Ram,
Resident of Village-Dumarwana Ward No. -8, P.S.- Pakaridayal, District- East
Champaran.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Prateek Tandon, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Pakaridayal P.S.
Case No.298 of 2024 registered under Section 30(a) of the
Bihar Prohibition and Excise Act, 2016.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 138.060 liters of IMFL/country-made liquor from a
mango orchard.
4. It is submitted by learned counsel appearing for
petitioner that the recovery of alleged illicit liquor was made
from mango orchard, which is an open place and accessible by
general public and, therefore, it can be safely said that the
Patna High Court CR. MISC. No.40033 of 2026(2) dt.22-06-2026
2/2
recovery was not made from conscious physical possession of
this petitioner. While concluding argument, it is submitted that
the petitioner is a man of clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking of note of fact as recovery of illicit liquor prima facie not
appears to be made from conscious physical possession of this
petitioner, accordingly, the petitioner, above-named, who is a
man of clean antecedent, in the event of his arrest or
surrender in the court below within a period of four weeks from
today, is directed to be released 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 the learned
Exclusive Special Excise Court No.-3, I/c, East Champaran,
Motihari in connection with Pakaridayal P.S. Case No.298 of
2024, subject to the conditions as laid down under Section
438(2) of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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