Patna High Court
Kamlesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
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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