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Patna High Court

Dipu @ Dipu Kamat @ Digamber KamatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond and sureties, considering ownership, lack of antecedent, and alleged procedural lapses.

Summary

The petitioner, Dipu Kamat, is the registered owner of a motorcycle from which 108 litres of foreign liquor was seized. He was not named in the FIR and claims no knowledge of the seizure, arguing that the open location of the motorcycle precludes liability and that the search violated mandatory provisions. The State opposed his bail application. The Court noted the petitioner’s ownership of the vehicle, lack of criminal antecedent, and procedural irregularities, and consequently ordered his release on bail pending arrest, subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS. The bail order is conditional and to be executed by the lower court.

Issues considered

  • Whether the petitioner, as the owner of the motorcycle, can be held liable for the offences under Sections 274, 275, 3(5) of the BNSS and Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
  • Whether procedural violations in the search and seizure warrant granting bail.
  • Whether bail should be granted given the petitioner’s lack of criminal antecedent.

Legislation cited

Subjects

  • bail
  • search and seizure
  • ownership
  • foreign liquor
  • BNSS
  • Bihar Prohibition and Excise Act
  • criminal procedure
  • no antecedent

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.18058 of 2026
                         Arising Out of PS. Case No.-133 Year-2025 Thana- ARER District- Madhubani
                 ======================================================
                 Dipu @ Dipu Kamat @ Digamber Kamat son of Laxmi Kamat @ Laxman
                 Kamat R/o village - Phent , (Phait) , p.s- Basopatti, District - Madhubani
                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar .                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. Gagandeo Yadav, Advocate
                                                    Mr. Ravi Prakash, Advocate
                 For the Opposite Party/s :         Mr. Umanath Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   06-04-2026                    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 274, 275 and 3(5) of

                   the B.N.S. and Section 30 (a) of the Bihar Prohibition and

                   Excise Act, 2022.

                   3.         A bare perusal of the first information report and the

                   seizure list would go to show that 108 liters of foreign liquor

                   has been recovered from a motorcycle, which was parked in an

                   orchard of one Dhirendra Prasad Singh.

                   4.        It is submitted by learned counsel for the petitioner that

                   the petitioner is not named in the F.I.R. The name of the

                   petitioner has surfaced in this case being the owner of the said

                   motorcycle. The petitioner has no knowledge whatsoever how

                   the liquor was recovered from the said motorcycle. It is further
            Patna High Court CR. MISC. No.18058 of 2026(2) dt.06-04-2026
                                                        2/2




                      submitted that the place of recovery is an open place and easily

                      accessible to anyone, hence no responsibility can be fixed on

                      the petitioner. It is further submitted that there is violation of

                      mandatory provision in search and seizure as also there is no

                      eye witness to the said seizure list. Petitioner has no criminal

                      antecedent.

                      5.      Learned APP for the State opposed the prayer for bail.

                      6.       Having regard to the facts and circumstances of the case

                      as well as the fact that the petitioner is the registered owner of

                      the said motorcycle and has no criminal antecedent, let the

                      above named petitioner, be released on bail, in the event of his

                      arrest or surrender before the learned Court below within a

                      period of four weeks from today, on furnishing bail bond of

                      Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                      amount each to the satisfaction of the learned Court below

                      where the case is pending/successor Court in connection with

                      Arer P.S. Case No.133 of 2025, subject to the condition as laid

                      down under Section 482 (2) Bharatiya Nagarik Suraksha

                      Sanhita (BNSS), 2023.


                                                (Soni Shrivastava, J)

Trivedi/-
U       T


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