Patna High Court
Dipu @ Dipu Kamat @ Digamber KamatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- Bharatiya Nagarik Suraksha Sanhita (BNSS) — s. 274, 275, 3(5), 482(2)
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
Checking your session…