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Patna High Court

Indal Kamat @ Indal Kumar KamatversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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