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Patna High Court

Kamlesh RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted with specified conditions.

Summary

Kamlesh Ram was arrested in connection with the seizure of 220 litres of country-made liquor from a tempo, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. He has been in custody since 23 March 2026 and applied for bail, asserting his innocence and offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail application. The Court, after considering the facts and submissions, granted bail on the condition that the petitioner furnish a bail bond of Rs. 10,000 with two sureties of equal amount, deposit Rs. 25,000 with the Ramakrishna Mission Ashram and produce the receipt, and attend the Harsidhi Police Station every Sunday of each month. Failure to comply with these conditions would result in cancellation of the bail. The order was pronounced by Justice Sandeep Kumar.

Issues considered

  • Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • illegal liquor
  • criminal procedure
  • surety
  • charitable donation
  • court attendance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34883 of 2026
                  Arising Out of PS. Case No.-865 Year-2025 Thana- HARSIDHI District- East Champaran
                 ======================================================
                 Kamlesh Ram S/o Shyam Bihari Ram R/o Village- Damobriti, P.S.- Harsidhi,
                 District - East Champara

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Manoj Kumar
                 For the Opposite Party/s :       Mr.Surendra Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   03-07-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. The petitioner seeks bail in connection with

                   Harsidhi P.S. Case No. 865 of 2025 registered for the offence

                   under Sections 30(a) of the Bihar Prohibition and Excise Act.

                                  3. The recovery is of 220 liters of country made

                   liquor from the Tempo.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 23.03.2026.

                                 5. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 25,000/- in some charitable

                   organization without accepting his guilt.

                                 6. Learned APP appearing for the State opposes the

                   prayer for bail of the petitioner.
          Patna High Court CR. MISC. No.34883 of 2026(2) dt.03-07-2026
                                                      2/2




                                  7. Considering the facts and circumstances of the

                    case and submissions of learned counsel for the petitioner, let

                    the petitioner, above named, be released on bail upon furnishing

                    bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

                    like amount each to the satisfaction of the learned concerned

                    Court below in connection with Harsidhi P.S. Case No. 865 of

                    2025.

                                  8. This is also subject to the condition that the

                    petitioner shall deposit an amount of Rs. 25,000/- in

                    Ramakrishna Mission Ashram, Swami Vivekanand Path, Bela,

                    Muzaffarpur and produce the receipt of the same before the

                    Court below. The bail bonds of the petitioner shall be accepted

                    after verifying the genuineness of the receipt produced by the

                    petitioner.

                                    9. As a condition of this order, the petitioner after

                    being released on bail is directed to mark his attendance at

                    Harsidhi Police Station on every Sunday of each month. Any

                    default in appearance at the police station will result in

                    cancellation of bail bonds of the petitioner.


                                                                 (Sandeep Kumar, J)
Vikas/-

U


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