Patna High Court
Kamlesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the bail application, granting regular bail subject to specified conditions.
Summary
Kamlesh Kumar, the registered owner of a tempo, was arrested in connection with the recovery of 200 litres of illicit liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He filed an application for regular bail, contending that the liquor was not in his conscious possession and that ownership alone should not implicate him. The State opposed the bail. The Court, after considering the submissions, granted bail on the condition that the petitioner deposit Rs.10,000 with the Ramakrishna Mission, provide two sureties of equal amount, attend the police station monthly, and have his antecedents verified. The order emphasized that the observations were prima facie and would not affect the trial. Consequently, the petitioner was released on bail subject to the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to regular bail despite the alleged possession of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether mere ownership of the vehicle containing the liquor justifies granting bail.
- What conditions, if any, should be imposed on bail in such a case.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- ownership
- regular bail
- conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28549 of 2026
Arising Out of PS. Case No.-562 Year-2025 Thana- NAUBATPUR District- Patna
======================================================
Kamlesh Kumar S/o Rameshwar Rai Resident Of Village - Neora, Ps - Neora,
Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Singh
For the Opposite Party/s : Mr.Md. Nazir Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Naubatpur P.S. Case No. 562 of
2025 (Special Excise Case No. 1972 of 2025), registered for
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. As per the prosecution case, 200 liters of illicit
liquor have been recovered from the vehicle in question. The
petitioner is in custody since 24.03.2026 and claims clean
antecedent.
4. Learned counsel for the petitioner submits that the
alleged recovery of illicit liquor is not from the conscious
possession of the petitioner; rather, it has been recovered from
Patna High Court CR. MISC. No.28549 of 2026(2) dt.11-05-2026
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the tempo in question. It is further submitted that merely being
the registered owner of the said tempo, the petitioner’s name has
been implicated in the present case. It is also submitted that the
petitioner undertakes to donate a sum of Rs. 10,000/- (Rupees
Ten Thousand only) to a charitable organization, without
prejudice to his defence and without admitting guilt.
5. Learned APP for the State has opposed the prayer
for bail.
6. Having considered the facts and circumstances of
the case and the submissions advanced on behalf of the parties,
the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Naubatpur P.S. Case
No. 562 of 2025, subject to the following conditions:
(I). The petitioner shall deposit a sum of
Rs. 10,000/- (Rupees ten Thousand only) with
Ramakrishna Mission Ashrama, Ramakrishna
Avenue, Nala Road, Patna, Bihar and shall
produce a valid receipt thereof before the court
below. The bail bonds shall be accepted only after
verification of the genuineness of the said receipt.
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(ii). The petitioner shall mark his
attendance at Neora Police Station on every 1st
Sunday of each month. In the event of default, the
bail bonds shall be liable to be cancelled.
(iii). At the time of acceptance of bail
bonds, the court below shall verify the antecedents
of the petitioner. The bail bonds shall be accepted
only upon confirmation that the petitioner has no
criminal antecedent. However, such verification
shall not be used as a ground to unnecessarily
delay acceptance of the bail bonds.
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.
(Sandeep Kumar, J)
Shishir/-
U T
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