Patna High Court
Indal Kamat @ Indal Kumar KamatversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of his criminal antecedent.
Summary
The petitioner, Indal Kamat, feared arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 252 litres of liquor from a Mahindra Bolero Maxi truck. He asserted that he has a clean criminal record, was not arrested at the scene, did not have the seized vehicle in his possession, and was implicated solely on secret information. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties, subject to verification of the petitioner’s antecedent by the trial court under Section 482(2) of the BNSS. The order stipulates that if any antecedent is discovered, the bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act when the accused claims a clean antecedent and lack of possession of the seized goods.
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for provisional anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- clean antecedent
- secret information
- Section 482(2)
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12996 of 2026
Arising Out of PS. Case No.-35 Year-2023 Thana- NADI District- Supaul
======================================================
Indal Kamat @ Indal Kumar Kamat S/O Kamal Kamat Resident of Village-
Koriyapatti, P.S. Supaul nadi, District- Supaul
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Patla Kumari
For the Opposite Party/s : Ms.Meena Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-04-2026 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 offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 252 litres of liquor from Mahhindra Bolero Maxi Truck.
4. Learned counsel for the petitioner submits that the
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 based on secret
information which is the easiest way to implicate someone without
holding a proper investigation, when petitioner admittedly is a person
with clean antecedent.
Patna High Court CR. MISC. No.12996 of 2026(2) dt.15-04-2026
2/2
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the event of
his arrest or surrender within a period of six weeks from today, be
released on Provisional anticipatory bail on furnishing bail bonds
of Rs. 500/- (Rupees Five Hundred) 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 Supaul Nadi P.S.
Case No. 35 of 2023 subject to the conditions as laid down under
Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the event
if it is found that petitioner has antecedent of even one case then it
would be presumed that petitioner, for the purposes of seeking
anticipatory bail, had concealed his antecedent before this Court, as
such, the provisional anticipatory bail order shall not be confirmed,
but after verification if it is found that petitioner is a person with
clean antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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