Patna High Court
Kamlesh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioners, finding no substantive material to justify their continued detention.
Summary
The petitioners, Kamlesh Singh and Amit Kumar, sought bail fearing arrest in a case (Hisua PS No. 59 of 2026) under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly selling illicit country-made mahua liquor. Police had raided a low‑land area, recovered 285 litres of liquor and identified the petitioners as participants based on villagers' statements, though no liquor or other incriminating material was found on them. The petitioners contended they were falsely implicated due to village enmity and highlighted their clean (or minimal) antecedents. The State argued that one petitioner had a prior similar case. The Court, noting the absence of substantive evidence linking the petitioners to the recovery, exercised its inherent powers under Section 482(2) of the CrPC and ordered their release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of appearance before the trial court.
Issues considered
- Whether the petitioners can be granted bail in the absence of material evidence establishing their participation in the alleged offence under the Bihar Prohibition and Excise Act.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- bail
- Section 30
- Bihar Prohibition and Excise Act
- Section 482
- Criminal Procedure
- illicit liquor
- Nawada
- Hisua
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24943 of 2026
Arising Out of PS. Case No.-59 Year-2026 Thana- HISUWA District- Nawada
======================================================
1. Kamlesh Singh son of Late Saket Singh, Resident of Village -Barhauna, PS-
Hisua, Distt- Nawada.
2. Amit Kumar @ Ritesh Singh @ Ritesh Kumar son of Balmiki Singh,
Resident of Village -Barhauna, PS- Hisua, Distt- Nawada.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioners : Mr. Vibhuti Ranjan Sonvadra, Advocate
For the State : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. In the present case, the petitioners are
apprehending their arrest in connection with Hisua P.S. Case
No. 59 of 2026, dated 03.02.2026, registered for the offence
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. As per prosecution case, police received
information about petitioners and co-accused Bablu selling
illicit country made mahua liquor near a ‘paien’ (lowland). A
raid was conducted and three persons fled away from the spot
on seeing the police party. From search of the premises, recovery
of 285 litres of illicit country made liquor was made . The villagers
Patna High Court CR. MISC. No.24943 of 2026(2) dt.24-04-2026
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disclosed the name of the petitioners and other co-accused who
made good their escape.
4. Learned counsel for the petitioners submits that
the petitioners are innocent and they have falsely been
implicated in this case. Nothing incriminating has been
recovered from the persons or possession of the petitioners, who
have been named in this case due to enmity of the villagers.
Furthermore, the recovery has been made from an open place
which is accessible to one and all. Petitioner no. 1 is having
clean antecedent while petitioner no. 2 is having antecedent of
one case.
5. Learned APP opposes the submissions made on
behalf of the petitioners and submits that petitioner no. 2 is
having antecedent of one case which is of similar nature.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that no recovery has been shown from the petitioners and
further considering the absence of substantive material to show
their complicity in the alleged offence, let the petitioners, above-
named, in the event of their arrest or surrender before the Court
concerned within a period of eight weeks from today, be
released on bail, on furnishing bail bonds of Rs. 10,000/-
Patna High Court CR. MISC. No.24943 of 2026(2) dt.24-04-2026
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(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Excise Court-I, Nawada, in connection with Hisua P.S. Case
No. 59 of 2026, subject to the conditions as laid down under
Section 482(2) of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the
petitioners.
(ii) The petitioners will remain present on each and
every date fixed by the Court below, if so required by the
learned trial Court.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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