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Patna High Court

Kamal HussainversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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