Patna High Court
Kamlesh Sahani @ Kamelsh Ram @ Kamelsh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner, subject to specified conditions.
Summary
The petitioner, Kamlesh Sahani, was arrested in connection with the seizure of 200 litres of country-made liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. He claimed innocence, arguing that his name was recorded only based on a local chowkidar’s disclosure and that the liquor was recovered from a tempo, not from his possession. The petitioner also highlighted that co‑accused individuals in similar circumstances had previously been granted bail by the same court. The Additional Public Prosecutor opposed bail, citing a prior criminal antecedent of a similar nature. Considering the lack of direct possession, the precedent of bail to co‑accused, and the petitioner’s claims, the court ordered bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The bail order was pronounced by Justice Rajesh Kumar Verma.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether the mere disclosure by a local chowkidar suffices to deny bail.
- Whether the existence of a prior criminal antecedent of similar nature warrants denial of bail.
- Whether the grant of bail to similarly situated co‑accused influences the decision.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
Subjects
- bail
- prohibition and excise
- illegal liquor
- criminal antecedent
- conditions of bail
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41296 of 2026
Arising Out of PS. Case No.-723 Year-2025 Thana- HARSIDHI District- East Champaran
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Kamlesh Sahani @ Kamelsh Ram @ Kamelsh Kumar S/o Shyam Bihari Ram
@ Sam Bihari Ram Resident of Village - Damovriti P.S.- Harsidhi, District -
East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Kanhaiya Kishore (App.100)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 01-07-2026 Heard Mr. Manoj Kumar, learned counsel for the
petitioner and Mr. Kanhaiya Kishore, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
21.04.2026 in connection with Harsidhi P.S. Case No. 723 of 2025,
F.I.R. dated 24.10.2025 for the offences punishable under Section
30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 200 liters of country made liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case and his name has been transpired merely on the basis
of disclosure made by local chowkidar. 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 been made from the tempo in question and as per
Patna High Court CR. MISC. No.41296 of 2026(2) dt.01-07-2026
2/3
allegation, the petitioner escaped from the place of occurrence. He
next submits that similarly situated co-accused persons, namely,
Nandu Sahani @ Nandu Kumar, Laddu Sahani @ Krishna Mohan
Sahani and Dilkhush Kumar @ Dillkhush Kumar have been
granted the privilege of bail by this Court vide order dated
03.04.2026, 25.03.2026 and 01.05.2026 in Cr. Misc. No. 18499 of
2026, Cr. Misc. No.19682 of 2026 and Cr. Misc. No.28559 of
2026. The petitioner is in custody since 12.04.2026.
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 of similar nature 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 and
the fact that similarly situated co-accused persons have been
granted the privilege of bail by this Court and name of the
petitioner has been transpired in this case merely on the basis of
disclosure made by local chowkidar, 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-I, East
Patna High Court CR. MISC. No.41296 of 2026(2) dt.01-07-2026
3/3
Champaran, Motihari in connection with Harsidhi P.S. Case No.
723 of 2025, 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
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/-
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