Patna High Court
Shiba KarmkarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner on the condition of a bond and compliance with stipulated conditions.
Summary
The petitioner, Shiba Karmkar, was arrested on 16‑12‑2025 after a police raid on a ten‑wheeler vehicle that yielded 4,617 litres of illegal foreign liquor, a mobile phone and cash. He contends that none of the contraband was found in his conscious possession, he has a clean antecedent, and the investigation violated mandatory provisions of Sections 103 and 105 of the BNSS, 2023. The prosecution opposed bail, arguing the seriousness of the offences under Sections 317(5) and 3(5) of the BNS and Sections 30(a) and 32 of the Bihar Prohibition and Excise Amendment Act. The Court, noting the lack of direct possession, the petitioner’s clean record and the procedural lapses, granted bail subject to a bond of Rs 10,000 with two sureties and several conditions regarding cooperation, appearance, and non‑tampering with evidence. The order also directed the lower court to verify the petitioner’s antecedent and to cancel bail if any concealment is discovered.
Issues considered
- Whether the petitioner is entitled to bail despite the seizure of a large quantity of illegal liquor.
- Whether the alleged non‑compliance with Sections 103 and 105 of the BNSS, 2023, warrants bail.
- Whether the petitioner’s lack of conscious possession and clean antecedent justify release on bail.
Legislation cited
- BNS — s. 317(5), 3(5)
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- illegal liquor
- possession
- procedural lapse
- criminal antecedent
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9489 of 2026
Arising Out of PS. Case No.-194 Year-2025 Thana- SANGRAMPUR District- Munger
======================================================
Shiba Karmkar S/o Alaka Kamkar @ Alaka Kamkar @ Alok Karmkar
Resident of village- Shankar nagar Barmisiya, P.S.- Dhansar, Distt.- Dhanbad
(Jharkhand)
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
: Mr. Hemant Ray, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
16.12.2025 in connection with Sangrampur P.S. Case No. 194 of
2025 for the offences punishable under Sections 317(5) and 3(5)
of BNS and Sections 30(a) and 32 of Bihar Prohibition and
Excise Amendment Act.
3. The prosecution story, in brief, that on 15.12.2025,
at about 13:00 P.M., the informant, P.S.I., Binod Kumar Jha,
recorded his self statement at Sangrampur P.S., alleging therein
that on 14.12.2025 at about 09:30 P.M., on the basis of secret
information, one P.S.I. of Sangrampur P.S. (informant) along
with police party reached near Ambedkar Chowk and started
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checking vehicles. After somt tine, police stopped the ten
wheeler vehicle (Registration No. BR52G9009), But driver
didn't stop the vehicile & tried to flee away. After chasing the
informant, Near Lohachi driver stopped the vehicle & caught by
the police party. He revealed his name as Shiba Karmkar
(petitioner). In the course of search of the vehicle total 4617
liters of illegal foreign liquor, Samsang mobile & Rs. 3000/-
were recovered. On interrogation they further disclosed that
they were going to deliver the liquor to Mantu. Accordingly,
seizure list was prepared and recovered liquor, vehicle, mobile
were seized, Later on FIR was lodged at the police station.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and is innocent and he has
falsely been implicated in the present case. It is further
submitted that it appears from the FIR and seizure list that
nothing has been recovered from the conscious possession of
the petitioner or from the truck in question and altogether 4617
liters of illegal foreign liquor was recovered. It is next submitted
that there is non-compliance of mandatory provisions of
Sections 103 and 105 of BNSS, 2023 and police after
investigation has submitted charge-sheet and petitioner in
custody since 16.12.2025.
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5. The learned Additional Public Prosecutor for the
State, on the other hand, has vehemently opposed the prayer for
bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and that petitioner has clean antecedent and the fact that nothing
has been recovered from the conscious physical possession of
the petitioner, let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Exclusive Special Excise-II, Munger in connection
with Sangrampur P.S. Case No. 194 of 2025, subject to the
following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be canceled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
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any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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