Created by Fuzzy Cloud

Patna High Court

Guddu Kamat @ Jay KamatversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to bond, sureties, and verification of antecedents, with confirmation contingent on the number of prior cases.

Summary

Guddu Kamat sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where liquor was allegedly recovered from two vehicles. He argued that he was not caught in possession, was not the owner of the vehicles, and his implication relied solely on a confessional statement of another accused made in police custody, which he claimed lacks evidentiary value. The State opposed the bail. The Court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.45,000 with two sureties and that the trial court verify his criminal antecedents. If more than nine prior cases are found, the bail will not be confirmed; if exactly nine, it will be confirmed forthwith. The order is subject to the provisions of Section 482(2) of the Criminal Procedure Code.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances described
  • Whether a confessional statement of another accused, made in police custody, can form the basis for implicating the petitioner
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • confessional statement
  • prior convictions
  • bail conditions
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10900 of 2026
                  Arising Out of PS. Case No.-455 Year-2025 Thana- BAHADURPUR District- Darbhanga
                 ======================================================
                 Guddu Kamat @ Jay Kamat S/o Faguni Kamat R/o Village - Pandasarai,
                 Ward No 48, P.S - Laheriasarai, District - Darbhanga

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Nawal Kishor Prasad
                 For the Opposite Party/s :     Mr. Md. Nazir Ansari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-02-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of nine cases under the Excise Act and

                   allegation is of recovery of 270.525 litres of liquor from two

                   vehicles. It is next submitted that petitioner was not arrested

                   from the spot as such nothing was recovered from his conscious

                   possession and is not the owner of any of the seized vehicle and

                   he came to be implicated based on confessional statement of

                   apprehended accused in police custody which does not have any

                   evidentiary value. It is also submitted that once an accused is
Patna High Court CR. MISC. No.10900 of 2026(2) dt.24-02-2026
                                            2/3




          implicated in a case relating to excise, the police starts

          implicating mechanically either through chowkidar, local

          person, confessional statement or secret information without

          holding a proper investigation. It is also submitted that

          petitioner earlier also in similar manner came to be implicated.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.45,000/- (Rupees forty five thousand) with two sureties of

          the like amount each to the satisfaction of the learned trial court

          where the case is pending/successor court in connection with

          Bahadurpur P.S. Case No.455/2025, subject to the conditions as

          laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          nine cases, in that event, it would be presumed that petitioner

          had concealed his antecedent before this court, as such, the
             Patna High Court CR. MISC. No.10900 of 2026(2) dt.24-02-2026
                                                         3/3




                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of nine

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.