Patna High Court

Kamlesh Rai @ Kamlesh Kumar Rai @Kamkesh Ray @ Kamlesh RayversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner, finding no sufficient ground to deny his release.

Summary

The petitioner, Kamlesh Rai, was arrested in connection with a case (Desari PS Case No. 387 of 2025) alleging possession of 225 litres of illicit liquor, charging him under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 317(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the liquor was recovered from a CNG tempo, but the petitioner claimed he was merely a passenger unaware of the contraband and that no incriminating material was found in his possession. He also highlighted his clean criminal record and the lack of compliance with Section 103 of the BNSS, which mandates certain procedural safeguards. The State opposed bail, while the petitioner’s counsel argued for his innocence and the absence of any material linking him to the offence. Considering the petitioner’s clean antecedent, the circumstances of his custody, and the lack of direct evidence, the Court granted bail on the condition of a Rs.15,000 bond with two sureties of equal amount.

Issues considered

Whether bail should be granted to the petitioner under the charges of illicit liquor possession under the Bihar Prohibition and Excise Act and the Bharatiya Nyaya Sanhita.
Whether the petitioner’s status as a passenger without knowledge of the contraband and lack of incriminating material justify bail.
Whether the procedural requirement of Section 103 of the BNSS has been complied with.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 103, 317(5), 3(5)

Subjects

bail
illicit liquor
prohibition law
Bihar Prohibition and Excise Act
Bharatiya Nyaya Sanhita
Section 103 BNSS
clean antecedent
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.3548 of 2026
                        Arising Out of PS. Case No.-387 Year-2025 Thana- DESARI District- Vaishali
                 ======================================================
                 Kamlesh Rai @ Kamlesh Kumar Rai @Kamkesh Ray @ Kamlesh Ray S/o-
                 Rama Rai R/v- Ganiyari Ps- Desari Dist- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vinod Pandey, Advocate
                 For the Opposite Party/s :        Mr. Bishweshwar Ram, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with Desari

                   PS Case No. 387 of 2025 instituted for the offences under

                   Section/s 30(a) of the Bihar Prohibition and Excise Act and

                   Sections 317(5) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                           3.       The prosecution case, in short, is that 225 liters

                   liquor was recovered from CNG Tempo.

                           4.       Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. It is submitted
           Patna High Court CR. MISC. No.3548 of 2026(2) dt.19-01-2026
                                                       2/2




                     that name of the petitioner has surfaced in this case as being

                     passenger of the vehicle in question and he was oblivious of the

                     fact that illicit liquor was laden in the vehicle. The petitioner is

                     in custody since 23.10.2025 and has got no criminal

                     antecedent/s. There is no compliance of Section 103 of the

                     BNSS, 2023.

                             5.      Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner.

                             6.      Considering the aforesaid facts and circumstances

                     of the case, clean antecedent of the petitioner and the period of

                     custody undergone by the petitioner, this Court is inclined to

                     grant bail to the petitioner.

                             7.      Let the petitioner be released on bail on furnishing

                     bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Desari PS Case No.

                     387 of 2025


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T

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