Patna High Court
Kamendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner subject to specified monetary and attendance conditions.
Summary
The petitioner, Kamendra Kumar, was arrested in connection with the recovery of 95 litres of illicit liquor from his scooty under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, a clean antecedent, and offered to donate Rs. 25,000 to a charitable organization without pleading guilty. The State opposed bail. The High Court, after considering the facts and the petitioner's submissions, granted bail on the condition of furnishing a Rs.10,000 bail bond with two sureties, depositing Rs.25,000 with Ramakrishna Math, and verifying his antecedent. Additional conditions included weekly attendance at the police station and cancellation of bail upon default. The order was limited to the bail application and did not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the petitioner’s clean antecedent and willingness to donate money justify bail
- What conditions, if any, should be imposed on the grant of bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- excise
- illicit liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal procedure
- surety
- antecedent verification
- police attendance condition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39577 of 2026
Arising Out of PS. Case No.-95 Year-2026 Thana- Excise P.S. District- Bhojpur
======================================================
Kamendra Kumar S/O Lalan Singh R/O Vill, - Salempur, P.S-Chandi, Dist-
Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raj Narayan Mishra, Advocate
For the State : Mr.Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Excise
Ara P.S. Case No. 95 of 2026 registered for the offence
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. As per the prosecution case, there is recovery of 95
litres of illicit liquor from the scooty.
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and has falsely been
implicated in this case. The petitioner is in custody since
07.05.2026 having clean antecedent.
5. Learned counsel for the petitioner submits that the
petitioner is ready to donate Rs. 25,000/- in some charitable
Patna High Court CR. MISC. No.39577 of 2026(2) dt.22-06-2026
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organization without accepting his guilt.
6. Learned APP appearing for the State opposes the
prayer for bail of the petitioner.
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 Exclusive
Special Excise Court-2, Bhojpur at Ara /concerned Court below
in connection with Excise Ara P.S. Case No. 95 of 2026.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Math, Village Jharha (near Matua Pahar), P.O.
Gurua, Dist. Gayaji 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 the petitioner claims to have clean antecedent,
the Court below, before accepting the bail bonds of the
petitioner is directed to verify the antecedent of the petitioner. If
the petitioner is found to be involved in any other case then the
bail bonds of the petitioner shall not be accepted.
Patna High Court CR. MISC. No.39577 of 2026(2) dt.22-06-2026
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10. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Chandi Police Station, District- Bhojpur on every Sunday of the
month. Any default in appearance at the police station will result
in cancellation of bail bonds of the petitioner.
11. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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