Patna High Court
Vijay Kamti @ Bijay Kamti @ Vijay Kumar KamtiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS, 2023 — s. 103, 105
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
2/3
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
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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/-
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