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Patna High Court

Kamlesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.89979 of 2025(3) dt.19-01-2026
                                            2/3




          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
           Patna High Court CR. MISC. No.89979 of 2025(3) dt.19-01-2026
                                                       3/3




                     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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