Patna High Court
Kamal HussainversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
Kamal Hussain was arrested in connection with a case involving the seizure of 882 litres of illicit foreign liquor, charged under IPC sections 272 and 273 and the Bihar Prohibition and Excise Act sections 30(a), 41 and 47. The petitioner contended that he was innocent, arguing that the only link to him was a confessional statement of a co-accused and that no liquor or other evidence was recovered from his possession. The State opposed bail, highlighting eight prior similar offences against the petitioner. After hearing both sides, the court considered the lack of direct evidence and the petitioner’s right to liberty, and ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to cooperation with the trial and weekly attendance at the police station. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences and prior criminal antecedents
- Whether the confessional statement of a co-accused alone suffices to justify continued detention
- Whether the petitioner’s lack of direct evidence against him warrants release on bail
Legislation cited
- Indian Penal Code — s. 272, 273
Subjects
- bail
- IPC 272
- IPC 273
- Bihar Prohibition and Excise Act
- illicit liquor
- confessional statement
- prior criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8167 of 2026
Arising Out of PS. Case No.-261 Year-2019 Thana- BAISI District- Purnia
======================================================
Kamal Hussain, Son of Md. Ismail, Resident of Village- Roushan Bagh,
Hirdayaganj, P.S.- Katihar, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Mr. Kumar Rajdeep, Advocate
For the Opposite Party/s : Mr. Nitya Nand Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Baisi P.S. Case No. 261 of 2019 registered for the offence
punishable under Sections 272 and 273 of the Indian Penal Code
and Section 30(a), 41 and 47 of the Bihar Prohibition and Excise
Act.
3. The case of the prosecution, in short, is that from a
pick-up van, altogether 882 liters of illicit foreign liquor was
recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.8167 of 2026(2) dt.06-02-2026
2/2
case. His name has surfaced only on the basis of confessional
statement of co-accused Mushil Alam. Save and except the
confessional statement of co-accused, there is nothing against
him. Nothing has been recovered from his possession. Petitioner
is languishing in judicial custody since 09.01.2026.
5. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that petitioner is having criminal antecedent of 8 cases of similar
nature.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Exclusive Special, Excise Court No.1, Purnea in connection
with Baisi P.S. Case No. 261 of 2019 with the condition that
petitioner shall cooperate in the trial and shall mark his
attendance weekly at Narpatganj P.S.
(Ashok Kumar Pandey, J)
lata/-
U T
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