Patna High Court
Kamal DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, subject to specified conditions, finding no statutory impediment to his release.
Summary
The petitioner, Kamal Das, was arrested on 7 April 2026 in connection with a case involving the seizure of 250 litres of illegal foreign liquor under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2018. He contended that the liquor was recovered from a vehicle he did not own and that there was no direct possession, also alleging non‑compliance with Sections 103 and 105 of the Bihar Narcotic Substances Act. The prosecution opposed bail, citing a prior criminal antecedent and asserting that the petitioner was already on bail in a related matter. The court examined the factual matrix, the statutory provisions, and the bail jurisprudence, and concluded that the petitioner was entitled to bail subject to strict conditions. Accordingly, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties, imposing conditions of personal appearance, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether the petitioner is eligible for bail despite alleged non‑compliance with Sections 103 and 105 of the Bihar Narcotic Substances Act.
- Whether the fact that the seized liquor was not in the petitioner's conscious possession precludes grant of bail.
- Whether the petitioner's prior criminal antecedent and existing bail in a related case affect the decision to grant bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 103, 105
- Bihar Prohibition and Excise Act, 2018 — s. 30(a), 32(3)
Subjects
- bail
- excise law
- illegal liquor
- Section 30
- Section 32
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32637 of 2026
Arising Out of PS. Case No.-591 Year-2026 Thana- Excise P.S. District- Jamui
======================================================
Kamal Das Son of Jageshwar Das R/o Village Gopai (Koldiha), Baddiha,
P.S.- Muffassil Giridih, Dist.- Giridih Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madan Mohan, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-05-2026 Heard Mr. Madan Mohan, learned counsel for the
petitioner and Mr. Rajesh Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
07.04.2026 in connection with JAM P.S. Case No. 591 of 2026,
F.I.R. dated 06.04.2026 for the offences punishable under
Section 30(a) and 32(3) of the Bihar Prohibition and Excise Act,
2018.
3. Recovery is of 250 liters of illegal foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
conscious possession of the petitioner rather the recovery has
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been made from the car in question and the petitioner is not the
owner of the car in question. He further submits that there is
non-compliance of Section 103 and 105 of BNSS and the
petitioner is in custody since 07.04.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries one criminal antecedent other
than the present one but fairly submits on the basis of
paragraph-3 of the bail application that the petitioner is on bail
in the said matter.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Excise Court-II, Jamui in connection with JAM P.S.
Case No. 591 of 2026, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
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witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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