Patna High CourtCR. MISC./23381/2026bail granted

Kamlesh Mahto @ Kamlesh Kumar v. The State Of Bihar

2026-05-06Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23381 of 2026 Arising Out of PS. Case No.-136 Year-2025 Thana- BIBHUTIPUR District- Samastipur ====================================================== Kamlesh Mahto @ Kamlesh Kumar S/O Late Sone Lal Mahto R/O VillMustafapur, P.S- Bibhutipur, Dist- Smastipur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Ashok Kumar Gupta, Advocate For the State :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-05-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 135 liters of illicit foreign liquor was recovered from a cowshed.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from conscious possession of this petitioner and he has falsely been implicated in this case merely on suspicion. The alleged illicit liquor has been recovered from an open place, which is accessible to one and all. Moreover, charge-sheet has already been submitted and

Patna High Court CR. MISC. No.23381 of 2026(2) dt.06-05-2026 2/2 petitioner is in custody since 16.01.2026.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the facts and circumstances of the case, fact that no incriminating article has been recovered from possession of this petitioner and period of custody, the prayer for grant of bail to the petitioner is allowed.

7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-I, Samastipur in connection with Bibhutipur P.S. Case No. 136 of 2025.

(Prabhat Kumar Singh, J) shashank/- U T