Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28549 of 2026 Arising Out of PS. Case No.-562 Year-2025 Thana- NAUBATPUR District- Patna ====================================================== Kamlesh Kumar S/o Rameshwar Rai Resident Of Village - Neora, Ps - Neora, Dist. - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The present application has been filed seeking regular bail in connection with Naubatpur P.S. Case No. 562 of 2025 (Special Excise Case No. 1972 of 2025), registered for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 200 liters of illicit liquor have been recovered from the vehicle in question. The petitioner is in custody since 24.03.2026 and claims clean antecedent.

4. Learned counsel for the petitioner submits that the alleged recovery of illicit liquor is not from the conscious possession of the petitioner; rather, it has been recovered from

Patna High Court CR. MISC. No.28549 of 2026(2) dt.11-05-2026 2/3 the tempo in question. It is further submitted that merely being the registered owner of the said tempo, the petitioner's name has been implicated in the present case. It is also submitted that the petitioner undertakes to donate a sum of Rs. 10,000/- (Rupees Ten Thousand only) to a charitable organization, without prejudice to his defence and without admitting guilt.

5. Learned APP for the State has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and the submissions advanced on behalf of the parties, the application for bail is allowed.

7. Accordingly, the petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned where the case is pending/successor court in connection with Naubatpur P.S. Case No. 562 of 2025, subject to the following conditions: (I). The petitioner shall deposit a sum of Rs. 10,000/- (Rupees ten Thousand only) with Ramakrishna Mission Ashrama, Ramakrishna Avenue, Nala Road, Patna, Bihar and shall produce a valid receipt thereof before the court below. The bail bonds shall be accepted only after verification of the genuineness of the said receipt.

Patna High Court CR. MISC. No.28549 of 2026(2) dt.11-05-2026 3/3 (ii). The petitioner shall mark his attendance at Neora Police Station on every 1st Sunday of each month. In the event of default, the bail bonds shall be liable to be cancelled.

(iii). At the time of acceptance of bail bonds, the court below shall verify the antecedents of the petitioner. The bail bonds shall be accepted only upon confirmation that the petitioner has no criminal antecedent. However, such verification shall not be used as a ground to unnecessarily delay acceptance of the bail bonds.

8. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

(Sandeep Kumar, J) Shishir/- U T