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Patna High Court

Sachin KamatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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