Patna High Court
Kamlesh Kumar @ Kamlesh PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court grants anticipatory bail to the petitioners subject to conditions, as the liquor was not recovered from their possession.
Summary
Kamlesh Kumar and Birendra Paswan were implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for allegedly manufacturing and selling illicit country-made liquor. A search near a pond recovered 100 litres of liquor, but none was found in the accused's physical possession. The petitioners claimed they were falsely implicated due to local politics and sought anticipatory bail. The State opposed the bail. The High Court, noting the absence of direct possession and the recovery from an open place, granted anticipatory bail under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to bond and surety conditions and cooperation with the investigation.
Issues considered
- Whether anticipatory bail is appropriate when the alleged contraband is not recovered from the accused's possession.
- Whether the provisions of Section 30(a) of the Bihar Prohibition and Excise Act, 2016 preclude grant of anticipatory bail.
- Application of Section 438(2) CrPC and Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023 in granting anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- Bharatiya Nagarik Suraksha Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23602 of 2026
Arising Out of PS. Case No.-564 Year-2025 Thana- PAKRIDAYAL District- East Champaran
======================================================
1. Kamlesh Kumar @ Kamlesh Paswan S/o Ramjanam Paswan Resident of
village- Dhanauji ward no 04, P.s.- Pakaridayal, District- East Champaran at
motihari
2. Birendra Paswan S/o Late Ramshish Paswan Resident of village- Dhanauji
ward no 04, P.s.- Pakaridayal, District- East Champaran at motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dilip Kumar Roy
For the Opposite Party/s : Mr.Syed Ehteshamuddin
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act, 2016 in connection with
Pakaridayal P.S.Case No. 564 of 2025.
3. As per allegation, the petitioners were engaged in
illegal manufacturing and selling of country-made liquor near a
pond, situated at Dhanauji Sareh. In presence of two
independent witnesses, search was conducted and 100 litres of
illicit country-made liquor was recovered from near the said
pond.
Patna High Court CR. MISC. No.23602 of 2026(2) dt.16-04-2026
2/3
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case on account of dirty village politice and nothing
incriminating articles have been recovered from the conscious
physical possession of the petitioners.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the fact that the petitioners were not
apprehended on the spot and no recovery of liquor has been
made from the conscious physical possession of the petitioners,
and also it appears that the liquor has been recovered from an
open place from a plastic sack from the bank of the pond, which
cannot be attributed to the petitioners and, therefore, I am
inclined to grant privilege of anticipatory bail to both the
petitioners.
7. Let the petitioners, as named above, in the event of
their arrest or surrender within four weeks from today, be
enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) each with two sureties of the like amount each
to the satisfaction learned Exclusive Special Excise Court No. 3,
East Champaran at Motihari in connection with Pakaridayal
P.S.Case No. 564 of 2025, subject to the conditions laid down
Patna High Court CR. MISC. No.23602 of 2026(2) dt.16-04-2026
3/3
under section 438(2) of the Code of Criminal Procedure/Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and
subject to further condition that :-
(i) the petitioners shall co-operate in the investigation/
trial.
(ii) the learned court would, however, verify the
criminal antecedents of the petitioners and in case it is found
that the petitioners have concealed their criminal antecedents,
the court below shall take step for cancellation of bail bond of
the petitioners. However, it is expected that the verification
process would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
HR/-
U T
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