Kamlesh Kumar @ Kamlesh Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15185 of 2026 Arising Out of PS. Case No.-131 Year-2025 Thana- NADI District- Supaul ====================================================== Kamlesh Kumar @ Kamlesh Kumar Yadav Son of Umesh Yadav Resident of Village- Dudhaila, P.O.- Kukurdaura, P.S.- Andhramath, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Kumar No 13, Advocate For the Opposite Party/s :
Mr.Abhimanyu Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-03-2026 Heard the parties.
2. The petitioner is apprehending arrest in connection with Supaul Nadi P.S. Case No. 131 of 2025 instituted under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 lodged on 17.10.2025 by the informant,Lalan Kumar Muni.
3. As per the prosecution story, the police intercepted a motorcycle and there is recovery/seizure of 55.8 liters of Nepali liquor. This led to the FIR.
4. Learned counsel for the petitioner submits that nothing has been recovered from his conscious possession, the motorcycle which he owns was given to his relative and this way got implicated. Further, he do not have criminal antecedent.
5. Further, learned counsel for the petitioner relied on
2/4 the judgment of the Full Bench of Hon'ble Patna High Court in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019 (2) PLJR 1089 wherein it has been held that an application for anticipatory bail in a case arising out of Bihar Excise and Prohibition Act can be maintained, despite the bar under Section 76(2) of the Act, if on the basis of allegation made in the FIR, no offence under the said provision is made out.
6. Learned APP opposes the prayer stating that the motorcycle belong to him.
7. Taking into account the submissions of the parties and the judgment in the case of Ram Vinay Yadav (supra), as also that the petitioner do not have criminal antecedent, in that background, Court is inclined to extend him the privilege of anticipatory bail.
8. Let the petitioner be released on bail, in the event of his arrest or surrender before the concerned court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Supaul Nadi P.S. Case No. 131 of 2025 to the satisfaction of learned Exclusive Special Excise Court-I, Supaul subject to the conditions as laid down
3/4 under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhar Card/Driving License/Voter ID/Pan Card etc.) to show his/her bona fide;
(ii) the petitioner shall be appearing before the police station as and when required for cooperating in the investigation;
(iii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty to take steps for cancellation of bail bonds; (v) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
4/4 criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T