Patna High Court
Kamal Hussain @ Kmal HussainversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond of Rs.10,000 and two sureties, with conditions for cooperation, non‑tampering and verification of antecedents.
Summary
Kamal Hussain was arrested in connection with the seizure of 16,000 litres of raw spirit and charged under IPC sections 272 and 273 and the Bihar Prohibition and Excise Act, 2016 sections 30(a), 41 and 47. He contended that he was falsely implicated, his name having been added to the FIR solely on the basis of a co‑accused’s confessional statement and that no other material linked him to the offence. The prosecution opposed bail, highlighting ten prior criminal antecedents, nine of which were already on bail and one pending trial. The High Court considered the lack of substantive evidence against the petitioner and his claim of innocence, and despite the serious nature of the offence and his record, ordered his release on bail. Bail was granted on a bond of Rs.10,000 with two sureties and several conditions, including cooperation with the trial, non‑tampering with evidence, and verification of his criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offence involving large‑scale illicit liquor seizure and his prior criminal antecedents.
- Whether the confessional statement of a co‑accused alone is sufficient to sustain the charge against the petitioner.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 41, 47
- Indian Penal Code — s. 272, 273
Subjects
- bail
- illicit liquor
- raw spirit
- IPC
- prohibition law
- criminal antecedents
- excise
- seizure
- co‑accused confession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21552 of 2026
Arising Out of PS. Case No.-238 Year-2019 Thana- BAISI District- Purnia
======================================================
Kamal Hussain @ Kmal Hussain S/O Md. Ismail R/O Vill.- Roushan Bagh,
Hirdayaganj, P.S. and Dist.- Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Mr. Kumar Rajdeep, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-04-2026 Heard Mr. N.K. Agrawal, learned senior counsel for
the petitioner and Mr. Parmanand Prasad, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
24.01.2026 in connection with Baisi P.S. Case No. 238 of 2019,
F.I.R. dated 05.10.2019 for the offences punishable under
Sections 272 and 273 of the IPC and Sections 30(a), 41 and 47
of the Bihar Prohibition and Excise Act, 2016.
3. Recovery is of 16,000 liters of raw spirit.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. Initially petitioner was not named in the FIR and
his name has been transpired on the basis of the confessional
Patna High Court CR. MISC. No.21552 of 2026(2) dt.22-04-2026
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statement of the co-accused, Murshid Alam. It appears from the
seizure list that recovery of 16,000 liters of raw spirit has been
made from two truck in question. Except the confessional
statement of the co-accused, no other material has come during
investigation which suggest the involvement of the petitioner in
the present occurrence. Police after investigation have submitted
charge sheet against the petitioner and the petitioner is in
custody since 24.01.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that the petitioner carries ten criminal antecedents other
than the present one but fairly submits that he is on bail in nine
cases out of ten and one case is pending for consideration before
the competent court of law.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Excise Court No. 1, Purnea in connection with Baisi P.S.
Case No. 238 of 2019 subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.21552 of 2026(2) dt.22-04-2026
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and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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