Patna High Court
Karun Vashishtha @ Karun VasishthaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted anticipatory bail to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Karun Vashishtha, sought anticipatory bail fearing arrest in connection with Siwan Excise P.S. Case No. 559 of 2025, which alleged offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act for the recovery of 349.200 litres of liquor from his vehicle. The petitioner contended that he was merely the registered owner of the vehicle and had no knowledge of the liquor, had no prior criminal record, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail, arguing the seriousness of the offence. The Court examined whether a prima facie case existed and whether the statutory conditions for anticipatory bail under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, were satisfied. Finding insufficient grounds to deny bail, the Court granted anticipatory bail subject to a bond of Rs. 15,000 and two sureties of equal amount, with the usual conditions attached.
Issues considered
- Whether anticipatory bail should be granted in the present excise case.
- Whether the prosecution has established a prima facie case against the petitioner.
- Whether the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, have been complied with.
- Whether the conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, are met.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- vehicle ownership
- Section 482
- Section 103
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91116 of 2025
Arising Out of PS. Case No.-559 Year-2025 Thana- Excise P.S. District- Siwan
======================================================
Karun Vashishtha @ Karun Vasishtha S/O Rameshwar Prasad Resident of Om
Shree Rameshwar Shivalya, N.H. 28, Near CNG Filling Station, Kukas
Bandh (Dam), Kookas, P.S.- Kookas, District- Jaipur, Rajasthan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate
For the Opposite Party/s : Ms. Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Siwan Excise P.S. Case No. 559 of 2025 instituted for the
offences punishable under Sections 30(a), 32(3) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 349.200
litres of liquor was recovered from car.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. It is
further submitted that the name of the petitioner has transpired
as being the owner of the vehicle in question and has no
knowledge regarding the goods loaded in the vehicle. Petitioner
Patna High Court CR. MISC. No.91116 of 2025(2) dt.19-01-2026
2/2
has got no concern with the alleged recovery of liquor. Learned
counsel, therefore, submitted that prima-facie, no case is made
out against the petitioner. The petitioner has no criminal
antecedent. There is no compliance of Section 103 of the
Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, let the petitioner, above named, in the event of
arrest/surrender before the lower court within a period of six
weeks from today, be released on anticipatory bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Siwan Excise P.S.
Case No. 559 of 2025, subject to the conditions as laid down
under Section 482(2) of the Bharatiya Nagarika Suraksha
Sanhita, 2023.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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