Patna High Court
Kamlesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail was granted because the alleged liquor was not in the petitioner’s possession and he had been detained for an extended period.
Summary
The petitioner, Kamlesh Yadav, was arrested in connection with the recovery of 120 litres of country-made liquor from a vehicle, alleged under Sections 30(a) and 37 of the Bihar Prohibition and Excise Act. He applied for bail, contending that the seized liquor was not in his possession and that he had been in custody since 20‑02‑2026. The State, represented by the Additional Public Prosecutor, opposed the bail. The Court noted the lack of direct possession by the petitioner and the length of his pre‑trial detention, and consequently granted bail on a bond of Rs.10,000 with two sureties. The order was made on a prima facie basis, without prejudice to the merits of the trial.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act when the alleged contraband was not in his possession.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 37
Subjects
- bail
- excise
- prohibition
- liquor seizure
- criminal procedure
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23884 of 2026
Arising out of PS. Case No.-190 Year-2026 Thana- Excise P.S. District- Nawada
======================================================
Kamlesh Yadav S/o Ganauri Prasad Yadav @ Ganauri Yadav VILLAGE-
Mohkama, P.S. - Rajauli, DISTRICT- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Adv.
For the Opposite Party/s : Mr. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 19-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Nawada Excise P.S. Case
No. 190 of 2026, registered for the offence punishable under
Sections 30(a), 37 of Bihar Prohibition and Excise Act.
3. The allegation is that there is recovery of total 120
liters of country made liquor from vehicle in question.
4. Learned counsel for the petitioner submits that the
alleged recovery was not made from the possession of the
petitioner. He further submits that the petitioner is in custody
since 20.02.2026.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering that the alleged recovery was not made
Patna High Court CR. MISC. No.23884 of 2026(3) dt.19-05-2026
2/2
from the possession of the petitioner and the petitioner is in
custody since 20.02.2026, this Court is inclined to grant bail to
the petitioner.
7. Let the petitioner, above named, be released
on bail on furnishing bail bonds of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to
the satisfaction of the learned Exclusive Special
Excise Court-2, Nawada, in connection with Nawada
Excise P.S. Case No. 190 of 2026.
8. It is made clear that any observation made
herein is prima facie in nature and limited solely for
the purpose of adjudication of the present bail
application. Such observations shall not be construed
as an expression on the merits of the case and shall not
influence the trial or any other proceedings in any
manner.
(Ansul, J)
Vikash/-
U T
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