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Patna High Court

Kamlesh Kumar Gupta @ Kamlesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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