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Patna High Court

Sunil KamatversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to a bail bond, sureties, and verification of antecedents.

Summary

The petitioner, Sunil Kamat, sought anticipatory bail fearing arrest in a case registered under Sections 274, 275 and 3(5) of the B.N.S., 2023 and Sections 30(a) and 47 of the Bihar Prohibition and Excise Act, relating to the alleged recovery of 135 litres of liquor from a Scorpio vehicle. He argued that he was not arrested on the spot, no liquor was found in his possession, he was not the owner of the vehicle, and his name was omitted from the FIR, casting doubt on the prosecution's case. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on a bond of Rs.20,000 with two sureties, subject to Section 482(2) of the B.N.S.S. and a condition that the trial court verify his criminal antecedents; if more than four cases are found, the bail would not be confirmed. The court directed that the provisional bail be confirmed only if the antecedent check shows four or fewer cases. The application for anticipatory bail was allowed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite alleged involvement in offences under the B.N.S., 2023 and the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s criminal antecedents justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal antecedents
  • excise law
  • seizure of liquor
  • Section 482
  • Bihar Prohibition and Excise Act
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12009 of 2026
                    Arising Out of PS. Case No.-126 Year-2025 Thana- RAJNAGAR District- Madhubani
                 ======================================================
                 Sunil Kamat S/O Sri Hari Lal Kamat R/O Village- Pilakhwar Ward No. 7, P.S-
                 Rajnagar, Distt.- Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Akash Ranjan, Advocate
                 For the Opposite Party/s :      Ms. Sangeeta Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

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

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offences punishable under Sections 274, 275 and 3(5) of

                   B.N.S., 2023 as well as Sections 30(a) and 47 of Bihar

                   Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedents of four cases out of which two cases

                   are under the Excise Act and allegation is of recovery of 135

                   litres of liquor from a Scorpio vehicle. 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

                   the seized vehicle and he came to be implicated at the instance

                   of local person but then name of the person who disclosed the
Patna High Court CR. MISC. No.12009 of 2026(2) dt.24-02-2026
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          name of the petitioner is not disclosed in the FIR, which casts an

          aspersion on the case of the prosecution.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       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, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.20,000/- (Rupees Twenty Thousand) with two

          sureties of the like amount each to the satisfaction of learned

          Special Judge Excise, Madhubani in connection with Rajnagar

          P.S. Case No.126 of 2025, subject to the conditions laid down

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

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedents of more than four cases,

          then it would be presumed that petitioner for the purposes of

          obtaining anticipatory bail had concealed his antecedent before

          this Court, in that event, the present provisional anticipatory bail
               Patna High Court CR. MISC. No.12009 of 2026(2) dt.24-02-2026
                                                           3/3




                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedents of only four cases, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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