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Patna High Court

Kamlesh Kumar Sah @ Kamlesh Kumar @ Kamlesh GondversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused as the petitioner’s ownership of the seized motorcycle established sufficient nexus to the offence.

Summary

The petitioner, Kamlesh Kumar Sah, is the registered owner of a motorcycle from which 36 litres of illicit liquor was seized in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for anticipatory bail, arguing that no incriminating material was found in his personal possession and that he has a clean antecedent, claiming he is only implicated on suspicion. The State opposed the bail, contending that ownership of the vehicle used in the offence establishes a sufficient link. The Court considered the ownership factor and the seriousness of the offence under the prohibition law. It concluded that the petitioner’s connection to the seized vehicle warranted denial of anticipatory bail. Consequently, the petition for anticipatory bail was rejected.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the provisions of the Bihar Prohibition and Excise Act, Section 30(a)
  • Whether ownership of the vehicle used in the alleged offence suffices to justify denial of anticipatory bail

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • seizure
  • criminal procedure
  • ownership of vehicle

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19648 of 2026
                       Arising Out of PS. Case No.-137 Year-2022 Thana- MAIRWAN District- Siwan
                 ======================================================
                 Kamlesh Kumar Sah @ Kamlesh Kumar @ Kamlesh Gond S/O Kapil Gond
                 @ Kapil Sah Resident of Village - Arakpur, shivpur, Sakra, P.S. - Asawn,
                 District - Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bijay Prakash Singh, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   07-04-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in Mairwa P. S. Case

                   No. 137 of 2022 registered for the offence punishable under

                   Section 30(a) of Bihar Prohibition and Excise Act.

                                3. As per prosecution case, 36 liters illicit liquor was

                   recovered from the seized motorcycle of which this petitioner is

                   registered owner.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner. Petitioner has got no concern with

                   the alleged recovery and he has been made accused in this case

                   only on suspicion. Petitioner claims clean antecedent.

                                5. Learned A.P.P. for the State opposes the prayer for
              Patna High Court CR. MISC. No.19648 of 2026(2) dt.07-04-2026
                                                          2/2




                        bail of the petitioner.

                                     6. Considering the fact that petitioner is owner of the

                        seized motorcycle, prayer for anticipatory bail of the petitioner

                        is refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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