Patna High Court
Laxmi KamatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, subject to standard conditions.
Summary
Laxmi Kamat was arrested in connection with a case alleging possession of 495 litres of liquor, charged under Sections 274, 275, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, had no liquor in his personal possession, and was not linked to the vehicle from which the liquor was seized, though he has three prior criminal records and has been in custody since 14 November 2025. The State opposed bail, citing the seriousness of the offences and the petitioner’s antecedents. The Court noted the lack of direct possession, the absence of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, and the period already spent in custody, and consequently decided to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties, subject to conditions regarding family surety, appearance, non‑tampering with evidence, and non‑commission of similar offences.
Issues considered
- Whether bail should be granted to the accused despite the nature of the liquor offences and his prior criminal antecedents
- Whether the lack of direct possession of the liquor and non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita justify bail
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 3(5)
Subjects
- bail
- criminal procedure
- liquor offence
- false implication
- possession
- antecedents
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13602 of 2026
Arising Out of PS. Case No.-133 Year-2025 Thana- ANDHRATHARHI District- Madhubani
======================================================
Laxmi Kamat Son of Late Garbhu Kamat R/O Vill- Akahari,P.S.-Ladaniya,
Distt- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Pallavi, Advocate
For the Opposite Party/s : Mr. Kanhiaya Kishore, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Andhrathadi P.S. Case No. 133 of 2025 instituted for the
offences punishable under Sections 274, 275, 3(5) of the
Bharatiya Nyaya Sanhita, 2023 and 30(a) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 495 litres
of liquor was recovered from car.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
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that petitioner is in no manner connected with the vehicle in
question or the alleged recovery of liquor. The petitioner is in
custody since 14.11.2025 and has three criminal antecedents.
There is no compliance of Section 103 of the Bharatiya
Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Andhrathadi P.S.
Case No. 133 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or a
close family member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
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the course of trial.
(IV) The petitioner shall not commit any offence of a
similar nature in future.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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