Patna High Court
Kamlesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail may be granted where the accused lack incriminating material, were merely drivers, and have served a considerable period in custody, subject to reasonable conditions.
Summary
Kamlesh Kumar and Raja Kumar were arrested after 954 litres of liquor were recovered from a tractor, and were charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioners contended that they were merely driver and co‑driver, had no knowledge of the contraband, and that no incriminating material was found on them. They had been in custody since 25‑10‑2025, with one having a clean antecedent and the other a single prior conviction, and the prosecution had not complied with Section 103 of the B.N.S.S., 2023. The State opposed bail, but the Court considered the lack of direct evidence, the petitioners’ roles, and the length of custody. Accordingly, the Court granted bail on a bond of Rs.15,000 each with two sureties and imposed conditions of family surety and regular appearance in court.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act despite the recovery of a large quantity of liquor.
- Whether non‑compliance with Section 103 of the B.N.S.S., 2023 bars the grant of bail.
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- excise
- liquor seizure
- driver
- co‑driver
- Bihar Prohibition and Excise Act
- Section 103
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89979 of 2025
Arising Out of PS. Case No.-955 Year-2025 Thana- Excise P.S. District- Jamui
======================================================
1. Kamlesh Kumar S/o- Lalu Ray R/v- Mahadaya Ps- Minapur Dist-
Muzaffarpur
2. Raja Kumar S/o- Shambhu Mahto R/v- Madhubani W.No-15, Ps- Minapur
Dist- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Umesh Prasad, Advocate
For the Opposite Party/s : Mr.Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 19-01-2026 Heard learned counsel for the petitioners and learned
APP for the State. Perused the case diary.
2. The petitioners seek bail in JAM P.S. case No. 955
of 2025 instituted for the offences under Sections 30(a) and
32(3) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 954 liters
liquor was recovered from tractor and both the petitioners were
arrested on spot.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered
from the conscious possession of the petitioners. The petitioners
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have got no concern with the alleged recovery of liquor. It is
further submitted that petitioner No. 1 is driver and petitioner
No. 2 is co-driver of the tractor and they had no knowledge
regarding the nature of goods kept in vehicle. The petitioners are
in custody since 25.10.2025. The petitioner No. 1 has got clean
antecedent whereas petitioner No. 2 has got one criminal
antecedent. There is no compliance of Section 103 of B.N.S.S.,
2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) each with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with JAM P.S. case No.
955 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioners.
(II) The petitioners shall appear on each and every
date fixed at the trial. In case of default in such appearance on
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two consecutive dates, the Trial Court will have liberty to cancel
the bail bonds of the petitioners.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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