Created by Fuzzy Cloud

Patna High Court

Kamendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                                  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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.