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Patna High Court

Kamlesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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.
            Patna High Court CR. MISC. No.28549 of 2026(2) dt.11-05-2026
                                                        3/3




                                                   (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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