Patna High Court
Karnjeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioner, subject to bond and sureties.
Summary
The petitioner, Karnjeet Kumar, was not named in the FIR but was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged illegal manufacture and trade of illicit liquor, with 8 litres of cough syrup seized from a bike. The petitioner argued that the seizure was not linked to his personal possession, that the case was instituted under the Excise Act rather than the NDPS Act, and that there was no material showing his conscious involvement; he also highlighted the lack of independent witnesses and his clean antecedent. The Additional Public Prosecutor opposed anticipatory bail. The court examined the factual submissions and noted that the recovery of illicit liquor did not prima facie arise from the petitioner's possession. Consequently, the court directed that the petitioner be released on bail, subject to a bond and sureties, if he surrenders within four weeks, invoking Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise Act case.
- Whether the petitioner’s alleged involvement can be established on the basis of the seizure.
- Whether the lack of independent witnesses and the petitioner’s clean antecedent warrant bail.
Legislation cited
- Bihar Negotiable Instruments and Security Services Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- excise law
- illicit liquor
- clean antecedent
- seizure
- section 30(a)
- CrPC 438
- BNSS 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42908 of 2026
Arising Out of PS. Case No.-155 Year-2024 Thana- GAMAHARIYA District- Madhepura
======================================================
Karnjeet Kumar, S/o Abhinandan Yadav, R/o Vill.- Jiwachhpur, ward No.03,
P.S.- Gamahariya, Dist.- Madhepura
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 02-07-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is not named in the FIR
and apprehending his arrest in connection with Gamahariya
P.S. Case No.155 of 2024 registered under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 08 litres of Cough Syrup.
4. It is submitted by learned counsel appearing for
the petitioner that the seized illicit liquor was recovered from
a Bike bearing Registration No. BR-01AP-7080. It is initially
Patna High Court CR. MISC. No.42908 of 2026(2) dt.02-07-2026
2/3
submitted that the present case was instituted under the
provisions of the Excise Act and not under the NDPS Act. It
is further submitted that the petitioner’s name has been
surfaced in the present case during the course of
investigation, and not on the basis of any material
demonstrating his conscious possession, involvement or
complicity in the alleged offence. It is further submitted that
seizure list also appears doubtful being not supported by
independent witnesses rather than by police personnel. The
petitioner claimed 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 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
Patna High Court CR. MISC. No.42908 of 2026(2) dt.02-07-2026
3/3
sureties of the like amount each to the satisfaction of the
learned District and Additional Sessions Judge-V-cum-Special
Judge Excise-1, Madhepura in connection with Gamahariya
P.S. Case No.155 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.)
Raushan/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.