Patna High Court
Guddu Kamat @ Jay KamatversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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/-
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