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Patna High Court

Kamlesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioners subject to specified conditions.

Summary

Petitioners Kamlesh Yadav and Satyam Kumar (Shivam Kumar) applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 300 litres of illicit liquor were seized from a mango orchard. They contended that no incriminating material was found in their possession and they had no involvement with the recovery; one petitioner had a clean record while the other had a prior similar case pending on bail. The State opposed the bail application. The Court, after considering the facts, granted anticipatory bail, directing that if arrested or surrendered within eight weeks, each petitioner must furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order was pronounced by Justice Prabhat Kumar Singh of the Patna High Court.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in a case under Section 30(a) of the Bihar Prohibition and Excise Act
  • Whether the petitioners' lack of possession of incriminating material and their criminal antecedents justify the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarik Suraksha Sanhita
  • illicit liquor
  • Section 30(a)
  • Section 482(2)
  • high court
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41330 of 2026
                  Arising Out of PS. Case No.-143 Year-2026 Thana- BANJARIA District- East Champaran
                 ======================================================
           1.     Kamlesh Yadav Son of Ramadhar Yadav Resident of Village- Gobri, P.S.-
                  Banjariya, District- East Champaran (In the impunged order R/o Village
                  Raghunthpur Ward No. 27, P.S.- Raghunathpur, District- East Champaran
                  has wrongly been mentioned)
           2.    Satyam Kumar @ Shivam Kumar Son of Late Shambhu Yadav Resident of
                 Village- Gobri, P.S.- Banjariya, District- East Champaran (In the impunged
                 order R/o Village Raghunthpur Ward No. 27, P.S.- Raghunathpur, District-
                 East Champaran has wrongly been mentioned)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Vinod Shanker Modi, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   06-07-2026                     Heard learned counsel for the petitioners and the

                   State.

                                2. Petitioners apprehend arrest in a case registered for

                   the offence punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                3. As per prosecution case, 300 litres illicit liquor was

                   recovered from Mango orchard.

                                4. Learned counsel for the petitioners submits that no

                   incriminating material has been recovered from the conscious

                   possession of these petitioners and they are not concerned with

                   the alleged recovery or with the place of recovery. Petitioner
           Patna High Court CR. MISC. No.41330 of 2026(2) dt.06-07-2026
                                                       2/2




                     no.1 claims clean criminal antecedent and petitioner no. 2 has

                     got one criminal antecedent of similar nature in which he is on

                     bail.

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

                     the bail application.

                                  6. Considering the aforesaid facts and circumstances,

                     this anticipatory bail is allowed and it is ordered that let the

                     above named petitioners in the event of their arrest/surrender

                     before the court below within a period of eight weeks from

                     today, be enlarged on bail on furnishing bail-bond of Rs.

                     10,000/- (ten thousand) each with two sureties of the like

                     amount each to the satisfaction of learned Exclusive Special

                     Excise Court No. 01, East Champaran at Motihari in connection

                     with Banjariya P. S. Case No. 143 of 2026, subject to condition

                     as laid down under Section 482(2) of the Bharatiya Nagarik

                     Suraksha Sanhita.



                                           (Prabhat Kumar Singh, J)
Navya/Sanjay-

U      T


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