Patna High Court
Kamlesh Kumar Gupta @ Kamlesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner with specified conditions.
Summary
The petitioner, Kamlesh Kumar Gupta, was arrested for alleged possession of 16.02 litres of illicit foreign liquor, alleged to violate Sections 274 and 275 of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act. He contended that the seizure was unlawful because the police did not comply with Section 105 of the B.N.S. and that he had no possession of the liquor. The State highlighted his nine prior criminal cases, seven of which were of a similar nature, and opposed bail. After hearing both sides, the court considered the procedural lapse and the petitioner’s claim of innocence, and decided to grant regular bail on a bond of Rs.10,000 with two sureties, imposing conditions of non‑repetition, a relative as bailor, and weekly police attendance. The order released the petitioner from judicial custody pending trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite prior criminal antecedents and the seriousness of the alleged offences.
- Whether the alleged non‑compliance with Section 105 of the B.N.S. during seizure warrants bail.
Legislation cited
- B.N.S. — s. 105, 274, 275
Subjects
- bail
- criminal antecedent
- illicit liquor
- excise law
- procedural lapse
- regular bail
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23120 of 2026
Arising Out of PS. Case No.-26 Year-2026 Thana- LAURIA District- West Champaran
======================================================
Kamlesh Kumar Gupta @ Kamlesh Kumar, S/o Late Gopal Prasad, R/o
Village - Lauriya Bazar, Police Station - Lauriya, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate
For the Opposite Party/s : Mr. Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 274 and 275 of
B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short is altogether 16.02
liters of illicit foreign liquor was recovered from a bike.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has been
falsely implicated in this case. Nothing has been recovered from his
possession. He is not concerned in any way with the bike. It has
further been submitted that the witnesses of the seizure list are police
personnel. Police has not complied Section 105 of the B.N.S.S. while
making the seizure. It has further been submitted that as the
petitioner is having criminal antecedent of nine cases, he has been
Patna High Court CR. MISC. No.23120 of 2026(2) dt.08-04-2026
2/2
framed in this case. Petitioner is languishing in judicial custody
since 21.02.2026.
5. Learned APP appearing for the State has vehemently
opposed the prayer of regular bail and has submitted that petitioner is
having criminal antecedent of nine cases. Out of which, seven are of
similar nature.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named petitioner
is directed to be released on bail in connection with Lauriya P.S.
Case No. 26 of 2026 on furnishing bail bond of Rs.10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge, Excise-II, Bettiah,
West Champaran with the following conditions:-
(i) Petitioner shall not indulge himself in similar nature
of offences in future.
(ii) One of the bailors shall be near relative of the
petitioner.
(iii) He shall also mark his attendance weekly at
Lauriya P.S.
(Ashok Kumar Pandey, J)
lata/-
U T
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