Patna High Court
Kamlesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- B.N.S.S., 2023 — s. 482(2)
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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