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Patna High Court

Kamlesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, finding insufficient material to justify his arrest.

Summary

Kamlesh Yadav applied for anticipatory bail after learning that he might be arrested in connection with PS Ara Nawada Case No.702 of 2018, an FIR under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. The police raid on Rinku Chaudhary’s house recovered 528 bottles of wine and a motorcycle, which the petitioner claims belongs to him and was used only for buying vegetables, with no liquor found in his possession. The petitioner asserted that he was falsely implicated, has a clean antecedent, and that the co‑accused Rinku Chaudhary had already been granted bail. The State opposed the anticipatory bail application. The High Court, noting the absence of illicit liquor from the petitioner’s constructive possession and the prior bail to the co‑accused, inclined to grant anticipatory bail. The court ordered release on anticipatory bail subject to a Rs.10,000 bond, two sureties, and compliance with Section 482(2) of the B.N.S.S., 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of alleged involvement in illegal liquor offences
  • Whether the presence of the petitioner’s motorcycle at the raid site establishes sufficient material for arrest

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • Section 30(a)
  • Bihar Prohibition and Excise Amendment Act
  • false implication
  • clean antecedent
  • Section 482
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11651 of 2026
                    Arising Out of PS. Case No.-702 Year-2018 Thana- ARA NAWADA District- Bhojpur
                 ======================================================
                 Kamlesh Yadav Son of Dashrath Yadav Resident of Village- Ghoradei, P.S.-
                 Ara Mufassil, District- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bibhakar Tiwary, Advocate
                                                 Mr. Dilip Kumar Tiwary, Advocate
                 For the Opposite Party/s :      Mr. Indu Kumari Srivastava
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   17-02-2026                      Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                 2. The petitioner is apprehending his arrest in

                   connection with Ara Nawada P.S. Case No.702 of 2018, F.I.R

                   dated 08.10.2018 registered for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Amendment

                   Act, 2018.

                                 3. As per the prosecution case, On 08.10.2018, A.S.I.

                   Sadanand Pandey of Ara Nawada Police Station submitted a

                   written report stating that while on patrol duty, he received

                   information at about 3:00 PM regarding the illegal sale and

                   supply of liquor by Rinku Chaudhary, Vishnu Singh, and

                   Kundan Singh Yadav. After informing his superior, he directed
Patna High Court CR. MISC. No.11651 of 2026(2) dt.17-02-2026
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          police teams to raid Rinku Chaudhary’s house at Anaith Tola.

          Upon arrival, several persons attempted to flee, but Vishnu

          Singh and Kundan Singh Yadav were apprehended. They

          allegedly confessed to supplying liquor along with Rinku

          Chaudhary in Ara. During a search of the house verandah,

          police recovered 528 bottles (180 ml each) of wine and a

          motorcycle bearing registration number BR03X/0363.

                       4. Learned counsel for the petitioner submits that he

          has falsely been implicated in the present case and his name has

          transpired in the present case on the basis of recovery having

          been made from verandah of one co-accused Rinku Choudhary,

          who has already been granted bail by a Co-ordinate Bench of

          this Court vide order dated 22.09.2025 passed in Cr. Misc.

          No.41357 of 2025, and the motorcycle, which is said to have

          been parked outside the house of Rinku Choudhary, belongs to

          the petitioner. It is the case of the petitioner that the said

          motorcycle was parked by him for the purpose of purchasing

          vegetable from the local vendor, who was standing near the said

          motorcycle and nothing has been recovered from the said

          motorcycle. The petitioner has clean antecedent.

                       5. Learned APP for the State opposes the prayer for

          anticipatory bail application.
           Patna High Court CR. MISC. No.11651 of 2026(2) dt.17-02-2026
                                                       3/3




                                  6. Regard being had to the submission made by the

                     parties, taking into consideration the fact that illicit liquor has

                     not been recovered from the constructive possession and / or

                     premises belonging to the petitioner and the co-accused Rinku

                     Choudhary has already been granted bail by a Co-ordinate

                     Bench of this Court vide order dated 22.09.2025 passed in Cr.

                     Misc. No.41357 of 2025, accordingly, this Court is inclined to

                     grant anticipatory bail to the petitioner.

                                  7. Let the petitioner, above named, be released on

                     anticipatory bail in the event of arrest or surrender before the

                     court below within a period of four weeks from today on

                     furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with

                     two sureties of the like amount each to the satisfaction of

                     learned Exclusive Special Excise Court No.1, Bhojpur at Ara, in

                     connection with Nawada P.S. Case No.702 of 2018 subject to

                     the condition as laid down under Section 482(2) of the B.N.S.S.,

                     2023.



                                                   (Ajit Kumar, J)
sharun/-

U      T


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