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Patna High Court

Karan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted subject to financial sureties, a charitable donation, and regular police station attendance.

Summary

The petitioner, Karan Kumar, was arrested in connection with the seizure of 80 litres of illicit liquor and charged under Section 317(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2022. He had been in custody since 15 May 2026 and pleaded innocence, offering to donate Rs 25,000 to a charitable organization without admitting guilt. The State opposed the bail application. The Court, after considering the facts and the petitioner's willingness to provide financial sureties and a charitable donation, granted bail on the condition of a Rs 10,000 bail bond with two sureties of equal amount, a deposit of Rs 25,000 to the Ramakrishna Mission Ashram, and mandatory monthly attendance at the police station. The order also stipulated that failure to appear would result in cancellation of the bail. The bail order effectively disposed of the petition.

Issues considered

  • Whether bail should be granted to the accused in offences under Section 317(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2022

Legislation cited

Subjects

  • bail
  • illicit liquor
  • prohibition
  • excise
  • criminal procedure
  • surety
  • charitable donation
  • police attendance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44639 of 2026
                   Arising Out of PS. Case No.-310 Year-2026 Thana- HAJIPUR SADAR District- Vaishali
                 ======================================================
                 Karan Kumar S/o Rambharos Sahni @ Rambharos Sahani Resident of Village
                 - Ismailpur, P.S.- Hajipur Sadar, District - Vaishali

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Priyesh Kumar
                 For the Opposite Party/s :       Mr.Vinod Shanker Modi
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   08-07-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. The petitioner seeks bail in connection with

                   Hajipur Sadar P.S. Case No. 310 of 2026 registered for the

                   offence under Section 317(5) of the BNS and under Section

                   30(a) of the Bihar Prohibition and Excise Act, 2022.

                                 3. The recovery is of 80 liters of illicit liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 15.05.2026.

                                 5. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 25,000/- in some charitable

                   organization without accepting his guilt.

                                 6. Learned APP appearing for the State opposes the

                   prayer for bail of the petitioner.
          Patna High Court CR. MISC. No.44639 of 2026(2) dt.08-07-2026
                                                      2/2




                                  7. Considering the facts and circumstances of the

                    case and submissions of learned counsel for the petitioner, let

                    the petitioner, above named, be released on bail upon furnishing

                    bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

                    like amount each to the satisfaction of the learned concerned

                    Court below in connection with Hajipur Sadar P.S. Case No.

                    310 of 2026.

                                  8. This is also subject to the condition that the

                    petitioner shall deposit an amount of Rs. 25,000/- in

                    Ramakrishna Mission Ashram, Bela, Muzaffarpur 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.

                                    9. As a condition of this order, the petitioner after

                    being released on bail is directed to mark his attendance at

                    Hajipur Sadar Police Station on every Sunday of each month.

                    Any default in appearance at the police station will result in

                    cancellation of bail bonds of the petitioner.



                                                                (Sandeep Kumar, J)
Vikas/-

U


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