Created by Fuzzy Cloud

Patna High Court

Kamlesh TiwariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to regular bail as he has made out a prima facie case and continued detention serves no public interest.

Summary

Kamlesh Tiwari was arrested in connection with the recovery of 216 litres of illicit liquor from a tractor he was driving, alleged to violate Sections 30(a) and 32 of the Bihar Prohibition and Excise Act. He claimed he was merely a driver, had no knowledge of the contraband, and possessed a clean antecedent. The State opposed his bail, but the High Court noted his prolonged custody since 15‑12‑2025 and the lack of a strong case for continued detention. The Court found a prima facie case for bail, emphasizing the need to avoid unnecessary jail congestion. Consequently, the Court ordered his release on regular bail with a bond of Rs. 25,000 and specific conditions, directing the District Court to verify his criminal record.

Issues considered

  • Whether the petitioner is entitled to regular bail under the Bihar Prohibition and Excise Act for alleged offences under Sections 30(a) and 32.
  • Whether the petitioner’s status as a driver without knowledge of the illicit liquor negates the necessity of continued custody.
  • Whether the period of custody and the State’s failure to implement prohibition justify bail.

Legislation cited

Subjects

  • bail
  • excise
  • illicit liquor
  • criminal procedure
  • Bihar Prohibition and Excise Act
  • pre‑arrest bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18164 of 2026
                     Arising Out of PS. Case No.-832 Year-2025 Thana- Excise P.S. District- Gopalganj
                 ======================================================
                 Kamlesh Tiwari, aged about 42 years, Male, son of Devendra Tiwari, resident
                 of Village- Basudeopur Sarai, P.S- Sahebganj, District- Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Manoj Kumar, Advocate
                 For the Opposite Party/s :        Mr. Mukesh Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

4   13-05-2026                    Heard Mr. Manoj Kumar, learned counsel appearing

                   on behalf of the petitioner and Mr. Mukesh Kumar Singh,

                   learned APP for the State.

                                2. Petitioner seeks regular bail in connection with

                   Excise P.S. Case No. 832 of 2025 registered for offences

                   punishable under Section 30(a) and 32 of the Bihar Prohibition

                   and Excise Act as amended up-to-date.

                                3. Allegation is of recovery of 216 litres of illicit

                   liquor from a Tractor bearing Chassis No. WQTB35-605073235

                   and Engine No. 391348SNB02150, which was allegedly being

                   driven by the petitioner.

                                4. Learned counsel appearing on behalf of the

                   petitioner submitted that petitioner is innocent and he has falsely

                   been implicated in the present case. Petitioner is not the owner
Patna High Court CR. MISC. No.18164 of 2026(4) dt.13-05-2026
                                            2/3




          of the said tractor, rather, he is the driver of the said tractor and

          he had no knowledge that illicit liquor has been kept in the trolly

          of the said tractor. Petitioner has clean antecedent and he is in

          custody since 15.12.2025. On these grounds, petitioner seeks to

          be released on pre-arrest bail.

                       5. Learned A.P.P., for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. Considering the period of custody undergone by the

          petitioner, who is in custody since 15.12.2025 and the failure on

          the part of the State Government to implement prohibition of

          liquor in the State in its true spirit resulting into clogging of

          several criminal cases before this Court, as well as, filling up of

          jail, no purpose will be served if the petitioner remains in

          custody. I am of the opinion that petitioner has prima facie made

          out a case to be release on bail.

                       7. The learned District Court is directed to release the

          petitioner, above named, on bail upon furnishing bail bond of

          Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties

          of the like amount each to the satisfaction of learned District &

          Additional Sessions Judge- IV cum Exclusive Special Excise

          Court-II, Gopalganj in connection with Excise P.S. Case No.

          832 of 2025 subject to the following conditions:
              Patna High Court CR. MISC. No.18164 of 2026(4) dt.13-05-2026
                                                          3/3




                                     (i) Bailors should be local having sufficient

                        immovable property within the jurisdiction of the Court

                        concerned.

                                     (ii) Petitioner shall co-operate in the trial and shall be

                        properly represented on each and every date fixed by the Court.

                                     (iii) If the petitioner tampers with the evidence or the

                        witnesses of the case, in that case, prosecution will be at liberty

                        to move for cancellation of bail of the petitioner.

                                     (iv) If the petitioner is found involved in similar

                        nature of offence, after his release on bail, the trial Court shall

                        take steps to cancel his bail bond.

                                     (v) The learned District Court is directed to verify

                        the criminal antecedent of the petitioner as stated in

                        paragraph no. 3 of the bail application. If any other case is

                        pending against the petitioner as what has been stated in

                        paragraph no. 3, this order will lose its force automatically.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.