Patna High Court
Kamlesh TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
- Bihar Prohibition and Excise Act — s. 30(a), 32
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
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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
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(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
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