Kamlesh KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27604 of 2026
                  Arising Out of PS. Case No.-769 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua)
                 ======================================================
                 Kamlesh Kumar S/o- Akshaiwar Prasad resident of Village- Mithapur, P.S.
                 Bhabhua, Dist. Kaimur, Bhabhua

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :       Mr. Ravi Shankar Sahay, Advocate
                                                   Mr. Abhishek Singh Rathaur, Advocate
                                                   Mr. Rishi Raj, Advocate
                                                   Mr. Kanhaiya Rao, Advocate
                 For the Opposite Party/s :        Mr. Arun Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   29-04-2026                     1. Heard learned counsel for the parties.

                                   2. The petitioner in this application prays for bail

                   apprehending his arrest in connection with Bhabua Excise P.S.

                   Case no.769 of 2025 registered for the offence punishable under

                   sections 30(a), 32(i)(iii), 41(i)(ii) of the Bihar Prohibition and

                   Excise Act, 2016.

                                        3. As per the prosecution case, on a search being

                   conducted, 27 litres of alcohol was recovered and the accused

                   was taken into custody.

                                   4. Learned counsel for the petitioner submits that no

                   incriminating article has been recovered. He is not named in the

                   FIR. He has been falsely implicated in the case only for the
            Patna High Court CR. MISC. No.27604 of 2026(2) dt.29-04-2026
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                      reason that he is the registered owner of the vehicle in question

                      from which the alleged seizure is said to have taken place. No

                      incriminating article has been recovered from his vehicle. The

                      petitioner has no criminal antecedent.

                                      5. The application for bail is opposed by learned

                      A.P.P. for the State.

                                      6. Having heard learned counsel for the parties and

                      taking into consideration the allegation in the FIR, no

                      incriminating article having been recovered from the petitioner’s

                      possession and the petitioner not having any criminal

                      antecedent, it is directed that the petitioner, above named, in the

                      event of his arrest or surrender before the learned Court below

                      within a period of four weeks, be released on anticipatory bail in

                      connection with Bhabua Excise P.S. Case no.769 of 2025 on

                      furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

                      two sureties of the like amount each to the satisfaction of the

                      learned Exclusive Special Judge, Excise No.II, Kaimur at

                      Bhabua.



                                                  (Partha Sarthy, J)
Saurabh/-

U      T