Patna High Court
Pankaj Kumar Kamat @ Prem Kumar @ Pankaj Kumar KamaitversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a cash bond of Rs.10,000, two sureties, and specific conditions.
Summary
The petitioner, Pankaj Kumar Kamat, was arrested on 10 February 2026 in connection with the seizure of 122.4 litres of illicit Nepali liquor, alleged to violate Sections 274, 275, 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. He applied for bail, claiming a clean criminal record, that the FIR was fabricated, and that the police had planted evidence and failed to comply with Sections 103 and 105 of the BNSS, 2023. The State opposed the bail. The court examined the allegations, noted the petitioner’s clean antecedent, and considered the procedural lapses alleged. It ordered bail on a cash bond of Rs.10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Exclusive Special Judge, Excise, Madhubani.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the BNSS, 2023 and the Bihar Prohibition and Excise Amendment Act, 2022.
- Whether the alleged non‑compliance with Sections 103 and 105 of the BNSS, 2023 warrants denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 103, 105, 274, 275, 3(5)
Subjects
- bail
- illicit liquor
- BNSS 2023
- Section 274
- Section 275
- Section 3(5)
- Section 30(a)
- procedural lapse
- clean antecedent
- police misconduct
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17789 of 2026
Arising Out of PS. Case No.-49 Year-2026 Thana- LADANIA District- Madhubani
======================================================
Pankaj Kumar Kamat @ Prem Kumar @ Pankaj Kumar Kamait Son of Ram
Chaudhary @ Ram Udgar Kamait Resident of Village - Majhora, Ward no. 2,
Mahrajpur Palika, P.S. - sonbarsha, District - Sirha, Nepal.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Subhash Kumar Jha, Advocate
For the Opposite Party/s : Ms.Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-03-2026 Heard Mr.Subhash Kumar Jha,learned counsel for the
petitioner and Ms.Gulnar Begum, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
10.02.2026 in connection with Ladaniya P.S. Case No. 49 of
2026, corresponding to G.R.No.190 of 2026, F.I.R. dated
09.02.2026 registered for the offence punishable under Sections
274,275,3(5) of B.N.S.,2023 and Section 30(a) of Bihar
Prohibition and Excise Amendment Act, 2022.
3. Recovery is of 122.400 liters of illicit Nepali liquor.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. In fact the
Patna High Court CR. MISC. No.17789 of 2026(2) dt.17-03-2026
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police has planted the same and shown the recovery has been
made from the motorcycle of the petitioner. Learned counsel for
the petitioner submits that there is non-compliance of Sections
103 and 105 of BNSS, 2023 and the petitioner is in custody
since 10.02.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact, petitioner has clean
antecedent, let the petitioner, above named, be released on bail
on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Judge, Excise, Madhubani in connection with
Ladaniya P.S. Case No. 49 of 2026, corresponding to
G.R.No.190 of 2026, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
Patna High Court CR. MISC. No.17789 of 2026(2) dt.17-03-2026
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(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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