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Patna High Court

Kamlesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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