Patna High Court

Kamlesh KumarversusThe State of Bihar

Decided: 22 April 2026
Disposal: BAIL REJECTED
Bench: ANSHUMAN

Holding

Anticipatory bail was denied because the recovery, though not in the petitioner’s direct possession, coupled with his pending excise cases, warranted denial of bail.

Summary

The petitioner, Kamlesh Kumar, sought anticipatory bail in connection with an excise case where 10 litres of illicit liquor were recovered from a motorcycle he owned. The prosecution alleged that the liquor was recovered under Sections 30(a) and 32 of the Bihar Prohibition and Excise (Amendment) Act, 2018, and that the petitioner was the sole accused. The petitioner argued that he had no conscious possession of the liquor and that the recovery was merely from his vehicle, asserting his innocence. The State opposed bail, highlighting the petitioner’s two pending excise cases and his alleged criminal antecedent. The Court, considering the seriousness of the offence, the recovery not being in the petitioner’s direct possession, and the pending cases, declined to grant anticipatory bail, directing that if he surrenders within four weeks the trial court may consider a surrender‑cum‑bail application on the merits.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances of recovery of illicit liquor from his vehicle.
Whether the petitioner’s prior pending excise cases and alleged criminal antecedent preclude the grant of anticipatory bail.

Subjects

anticipatory bail
excise law
illicit liquor
criminal antecedent
bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26954 of 2026
                       Arising Out of PS. Case No.-58 Year-2026 Thana- Excise P.S. District- Nalanda
                 ======================================================
                 Kamlesh Kumar S/o Anil Yadav R/o Village - Kayampur, P.S - Rahui, District
                 - Nalanda

                                                                                      ... ... Petitioner/s

                                                         Versus

                 The State of Bihar

                                                                                ... ... Opposite Party/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Sudish Kumar, Advocate
                 For the Opposite Party/s :         Mr. Nityanand, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

                                                    ORAL ORDER

2   22-04-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Nalanda Excise P.S. Case No. 58 of 2026 lodged on

                   06.02.2026, for the offence punishable under Sections 30(a) &

                   32 of the Bihar Prohibition and Excise (Amendment) Act, 2018,

                   pending in the Court of Exclusive Special Excise Court-II,

                   Biharsharif, Nalanda.

                                3. As per the prosecution, FIR has been lodged against

                   the sole petitioner. Total recovery of 10 litres of illicit liquor has

                   been made, which is the subject matter of the present case.
Patna High Court CR. MISC. No.26954 of 2026(2) dt.22-04-2026
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                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Counsel

          submits that nothing has been recovered from the conscious

          possession of the petitioner and the said recovery has been made

          from a motorcycle. Counsel submits that the petitioner is the

          owner of the said motorcycle and only due to this reason, his

          name has figured in this case. Counsel further submits that the

          criminal antecedent of the petitioner is not clean as there are two

          cases pending against him.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner and submits that criminal antecedent of the

          petitioner is not clean as there are two cases pending against

          him and both the cases are registered under Excise Act and this

          aspect must be taken into consideration.

                       6. As such, in the present facts and circumstances, this

          Court is not inclined to grant bail to the petitioner. Accordingly,

          the prayer for anticipatory bail of the petitioner stands rejected.

                       7. However, if petitioner surrenders before the

          concerned Trial Court within a period of 4 weeks from today

          then in that case, the Trial Court is directed to pass order on his

          surrender-cum-bail application on the same day, without being

          prejudice that the anticipatory bail of the petitioner has been
             Patna High Court CR. MISC. No.26954 of 2026(2) dt.22-04-2026
                                                         3/3




                       rejected by this Court and the Trial Court shall pass order on the

                       merit of this case.



                                                                       (Dr. Anshuman, J)
Divyansh/-

U      T

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