Patna High Court
Nitish Kumar Kamat @ Nitiesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioners, finding insufficient grounds to detain them pending trial.
Summary
The petitioners, Nitish Kumar Kamat and Krishnadev Kumar Yadav, applied for regular bail in a case under Sections 30(a), 32(1) and 32(3) of the Bihar Prohibition and Excise Act, where 936 litres of Nepali liquor were seized from a Scorpio vehicle. They contended that they were not the owners of the vehicle, that no liquor was recovered from their possession, and that the police seizure did not comply with Section 105 of the B.N.S.S., rendering the charge baseless. The State opposed the bail, arguing the seriousness of the offence. After hearing both sides, the Court found the petitioners’ claims credible and noted the procedural lapses by the police. Consequently, the Court ordered that the petitioners be released on regular bail upon furnishing a bond of Rs.10,000 each with two sureties, subject to the satisfaction of the Special Judge (Excise Act).
Issues considered
- Whether the petitioners are entitled to regular bail despite the alleged seizure of large quantities of illicit liquor.
- Whether the police complied with Section 105 of the B.N.S.S. during the seizure, affecting the validity of the charge.
- Whether the petitioners’ lack of ownership of the vehicle and absence of recovered liquor from their possession negate criminal liability.
Legislation cited
- B.N.S.S. — s. 105
Subjects
- bail
- excise law
- seizure procedure
- false implication
- Section 105
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21455 of 2026
Arising Out of PS. Case No.-21 Year-2026 Thana- Excise Jhanjharpur District- Madhubani
======================================================
1. Nitish Kumar Kamat @ Nitiesh Kumar, S/o Late Narayan Kamat, R/o
Village- Dhobirai, P.S.- Laukahi, Distt.- Madhubani
2. Krishnadev Kumar Yadav @ Krishndev Yadav, S/O Rajendra Yadav, R/O
Village- Mansapur, P.S.- Laukahi, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ratnakar Jha, Advocate
For the Opposite Party/s : Mr.Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under Sections 30 (a),
32(1) and 32(3) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from the Scorpio
vehicle, altogether 936 liters of Nepali country made liquor was
recovered.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. Learned counsel for the petitioners has submitted that as per
the case of the prosecution, one man managed to flee away who
Patna High Court CR. MISC. No.21455 of 2026(2) dt.06-04-2026
2/2
was owner of the vehicle. Petitioners are not concerned in any way
with the vehicle and liquor. Nothing has been recovered from their
possession. It has further been submitted that the witnesses of
the seizure list are police personnel. Police has not complied
Section 105 of the B.N.S.S. while making the seizure. They are
having no criminal antecedent and they are in in judicial custody
since 29.01.2026.
5. Learned APP appearing for the State has vehemently
opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
Special Judge (Excise Act), Jhanjharpur, Madhubani in connection
with Excise Jhanjharpur P.S. Case No. 21 of 2026.
(Ashok Kumar Pandey, J)
lata/-
U T
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