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Patna High CourtCR. MISC./17199/2026allowed

Karan Kumar v. The State Of Bihar

2026-03-19Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17199 of 2026 Arising Out of PS. Case No.-79 Year-2026 Thana- DARIYAPUR District- Saran ====================================================== Karan Kumar Son of Devjit Mahto @ Devajit Mahato Resident of VillageBajahiyan, P.S.- Dariyapur, District- Saran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Shweta Anand, Advocate For the Opposite Party/s :

Mr. Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 19-03-2026 Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner has prayed for bail in connection with Dariyapur P.S. Case No. 79 of 2026 registered for the offence punishable under Sections 30(a), 30(c), 34, 36 of the Bihar Prohbition and Excise Act.

3. The case of the prosecution, in short, is that 500 meters east from the fields of Shobha Rai, 30 liters of countrymade illicit liquor were recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that nothing has been recovered from the possession of this petitioner. The witnesses of the seizure list are

Patna High Court CR. MISC. No.17199 of 2026(2) dt.19-03-2026 2/2 police personnel and the police has not complied with Section 105 of the BNSS and from the seizure list, it is clear that the recovery was made from an open place. The name of this petitioner has surfaced in this case only on the basis of statement of the Chowkidar. He further submits that a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 07.02.2026.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-I, Saran at Chapra in connection with Dariyapur P.S. Case No. 79 of 2026.

(Ashok Kumar Pandey, J) Sudhanshu/- U T