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Patna High Court

Vijay Kamti @ Bijay Kamti @ Vijay Kumar KamtiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

Vijay Kamti was arrested on 4 April 2026 in connection with an Excise case alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act for the recovery of 39 litres of illicit beer from a hand‑pump. The petitioner claimed he had no prior criminal record and that the liquor was not in his conscious possession, arguing that he was implicated merely on suspicion and that the seizure did not comply with Sections 103 and 105 of the BNSS, 2023. The Additional Public Prosecutor opposed bail. The court, noting the lack of direct possession, the petitioner’s clean antecedent and procedural lapses, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was directed to the Exclusive Special Judge (Excise‑02), Purnea.

Issues considered

  • Whether the petitioner is entitled to bail despite being charged under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the seizure of the illicit liquor complied with the procedural requirements of Sections 103 and 105 of the BNSS, 2023.

Legislation cited

Subjects

  • bail
  • excise
  • illicit liquor
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • BNSS 2023
  • procedural lapse
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36914 of 2026
                       Arising Out of PS. Case No.-209 Year-2026 Thana- Excise P.S. District- Purnia
                 ======================================================
                 Vijay Kamti @ Bijay Kamti @ Vijay Kumar Kamti S/o Late Saini Kamti
                 Resident of Village - Baghmara, Jhil Tola, Ward No.- 15, P.S. - K. Nagar,
                 District - Purnea

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Bijendra Kumar Singh, Advocate
                 For the Opposite Party/s :         Mr. Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   16-06-2026                    Heard Mr. Bijendra Kumar Singh, learned counsel

                   for the petitioner and Mr. Arun Kumar, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   04.04.2026 in connection with Excise P.S. Case No. 209 of

                   2026, F.I.R. dated 03.04.2026 for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Act.

                               3. Recovery is of 39 liters of illicit beer.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. He further submits that it appears

                   from the F.I.R. as well as seizure list that nothing has been

                   recovered from the conscious possession of the petitioner rather
Patna High Court CR. MISC. No.36914 of 2026(2) dt.16-06-2026
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          the recovery of 39 liters of illicit liquor has been made from the

          handpump in question and petitioner is not the owner of the said

          handpump and he has been made accused in the present case

          merely on the basis of suspicion. It appears from the seizure list

          that there is non-compliance of Section 103/105 of the BNSS,

          2023. The petitioner is in custody since 04.04.2026.

                      5 The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Exclusive

          Special Judge (Excise-02), Purnea in connection with Excise

          P.S. Case No. 209 of 2026 subject to the following conditions:-

                        i. Petitioner shall co-operate in the trial and shall be

           properly represented on each and every date fixed by the court

           and shall remain physically present as directed by the court and

           on his absence on two consecutive dates without sufficient

           reason, his bail bond shall be cancelled by the Court below.

                        ii. If the petitioner tampers with the evidence or the

           witnesses, in that case, the prosecution will be at liberty to

           move for cancellation of bail.
            Patna High Court CR. MISC. No.36914 of 2026(2) dt.16-06-2026
                                                        3/3




                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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