Patna High Court
Kamlesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted anticipatory bail to the petitioner subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Summary
Petitioner Kamlesh Kumar sought anticipatory bail fearing arrest in a case where 564 litres of liquor were seized from his vehicle, alleged to violate Sections 30(a), 32, 41(1) of the Bihar Prohibition and Excise Act and Sections 336(3), 340(2), 338 of the Bharatiya Nyaya Sanhita, 2023. He contended that he was falsely implicated, had no knowledge of the goods, possessed no criminal antecedent, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail. The Court examined the prima facie evidence and the statutory requirements, and decided to grant anticipatory bail on the condition of a Rs.15,000 bond with two sureties, subject to the conditions of Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the present case
- Whether a prima facie case exists against the petitioner under the relevant statutes
- Whether the prosecution complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 336(3), 338, 340(2)
Subjects
- anticipatory bail
- liquor seizure
- Bihar Prohibition and Excise Act
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarika Suraksha Sanhita
- false implication
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15874 of 2026
Arising Out of PS. Case No.-5 Year-2025 Thana- CHEWARA District- Sheikhpura
======================================================
Kamlesh Kumar S/o- Amrit Yadav R/v- Krishnapatti Ward No- 11 PS-
Phulparas District-Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate
For the Opposite Party/s : Mr. Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Chewara P.S. Case No. 5 of 2025 instituted for the offences
punishable under Sections 30(a), 32, 41(1) of the Bihar
Prohibition and Excise Act and Sections 336(3), 340(2), 338 of
the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that total 564 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
Patna High Court CR. MISC. No.15874 of 2026(2) dt.12-03-2026
2/2
knowledge regarding the goods loaded in the vehicle. Petitioner
has no concern with the alleged recovery. 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 Chewara P.S. Case
No. 5 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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