Patna High Court
Sachin KamatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The petitioner is entitled to bail as no incriminating material was recovered from him and the co‑accused’s statement alone does not constitute sufficient ground for denial of bail.
Summary
The petitioner, Sachin Kamat, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition & Excise Act, 2016 after a vehicle was seized carrying 315 litres of illicit Nepali liquor. The police recovered the liquor from the vehicle, but the petitioner fled the scene and no contraband was found on his person. He claimed innocence, arguing that the only evidence against him was the co‑accused’s confessional statement, which he said lacked legal sanctity, and that he had a clean record. The State opposed bail, contending that the petitioner was implicated in the offence. The Court, noting the absence of any material recovered from the petitioner, his non‑apprehension at the spot, and the length of his custody, granted bail on a bond of Rs 10,000 with two sureties and imposed conditions under Section 480(3) of the BNSS. The bail order required the petitioner to appear on all court dates and stipulated cancellation of bail for non‑compliance.
Issues considered
- What is the applicability of Section 30(a) of the Bihar Prohibition & Excise Act, 2016 to the petitioner?
- Whether the petitioner is entitled to bail despite the co‑accused’s statement linking him to the offence?
Legislation cited
- Bihar Negotiable Securities (BNSS) Act — s. 480(3)
- Bihar Prohibition & Excise Act, 2016 — s. 30(a)
Subjects
- bail
- Bihar Prohibition & Excise Act
- illicit liquor
- co‑accused statement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30345 of 2026
Arising Out of PS. Case No.-80 Year-2025 Thana- BHAIRAVSHTHAN District- Madhubani
======================================================
Sachin Kamat S/o Jagdish Kamat R/o vill - Ekhari Vrindavan, P.S.- Ladania,
Distt.- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jaishankar Kumar Yadav, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Bhairav Asthan P.S. Case No. 80 of 2025
registered for the alleged offences under Section 30(a) of the
Bihar Prohibition & Excise Act, 2016.
03. As per prosecution case, police apprehended co-
accused Rohit Paswan driving a Ford Endeavour vehicle when
the said vehicle was intercepted on a tip off about carrying illicit
liquor. On search of the vehicle, recovery of 315 liters of
country made Nepali liquor was made. The petitioner is stated to
have fled away from the vehicle when the vehicle was being
intercepted and his name was disclosed by the apprehended co-
accused Rohit Paswan.
Patna High Court CR. MISC. No.30345 of 2026(2) dt.11-05-2026
2/3
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The petitioner was not apprehended from the spot and
nothing incriminating has been recovered from his person or
possession. The name of the petitioner transpired in the
confessional statement of co-accused having no legal sanctity.
From the facts of the case, no offence under the the Bihar
Prohibition & Excise Act is made out against the petitioner.
Learned counsel further submits that the petitioner is having
clean antecedent and is in custody since 19.03.2026.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that no recovery has been shown from the petitioner and he
was not apprehended from the spot and further considering the
period of custody of the petitioner, the petitioner above named is
directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Special Judge, Excise Act,
Jhanjharpur (Madhubani)/court concerned in connection with
Bhairav Asthan P.S. Case No. 80 of 2025, subject to the
Patna High Court CR. MISC. No.30345 of 2026(2) dt.11-05-2026
3/3
conditions mentioned in Section 480(3) of BNSS and the
following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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