Kamlesh Choudhary @ Kamlesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31332 of 2026 Arising Out of PS. Case No.-38 Year-2026 Thana- Karvandiya District- Rohtas ====================================================== Kamlesh Choudhary @ Kamlesh Kumar S/O Banarsi Choudhary @ Banarsi Chauhan R/O Vill.- Jamhuara, P.S.- Obra, Dist. - Aurangabad. At Present R/O Dayal Bigha, P.S.- Karwandiya, Dist.- Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinay Kumar Singh, Advocate For the State :
Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-05-2026 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Karwandiya P.S. Case No. 38 of 2026 for the offence under sections 30(a) of the Bihar Prohibition and Excise Act lodged on 14.03.2026 by the informant, Kamleshwar Mahto.
3. As per the prosecution story, the informant alleged that on secret information, the Police reached near Karwandiya Dam and waited for the movement of the accused. Later, they found that some of the accused are reaching the place and on interception, there is recovery/seizure of 35 liters country made liquor. Raju Kole was taken into custody who gave the name of the other accused, the petitioner included. This led to the FIR.
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4. Learned counsel for the petitioner submits that nothing has been recovered from his conscious possession nor he has criminal antecedent, only because Raju Kole gave the name, implicated.
5. Further, learned counsel for the petitioner relied on 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 submitting that the person arrested, named him.
7. Taking into account the submissions of the parties and the judgment in the case of Ram Vinay Yadav (supra), as also that nothing has been recovered from his conscious possession and has no criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
8. Let the petitioner be released on bail in the event of
3/4 arrest or surrender 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 like amount each to the satisfaction of learned Exclusive Special Judge Excise Court No.-II, Rohtas at Sasaram in connection with Karwandiya P.S. Case No. 38 of 2026 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document 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 six months to mark his attendance and after the end of the period, the certificate shall be submitted before the Trial Court failing which steps shall be taken for the cancellation of the bail bonds; (v) the petitioner shall in no way try to induce or
4/4 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 criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) vinayak/- U T