Patna High Court
Durgesh KamatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court granted pre‑arrest bail to the petitioner.
Summary
Durgesh Kamat applied for pre‑arrest bail after a police case (Nagar P.S. Case No. 167 of 2023) alleged that 5.7 litres of illicit liquor were recovered from a vehicle registered in his name. The petitioner was not named in the FIR and claimed he had no knowledge of the vehicle being used for liquor transport and possessed a clean criminal record. The State opposed the bail, arguing the vehicle registration linked the petitioner to the offence under Section 30(a) of the Bihar Prohibition and Excise Act. The court noted that the petitioner’s implication was solely on the basis of the registration certificate, he had no prior convictions, and the State had not effectively implemented its liquor policy. Consequently, the court granted pre‑arrest bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to appear before the District Court within four weeks, subject to Section 482(2) of the BNSS, and ordered verification of his antecedents.
Issues considered
- Whether pre‑arrest bail can be granted when the accused is not named in the FIR but is implicated solely through vehicle registration.
- Whether the nature of the offence under Section 30(a) of the Bihar Prohibition and Excise Act warrants denial of pre‑arrest bail.
- Whether Section 482(2) of the BNSS can be invoked to condition the grant of pre‑arrest bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- pre‑arrest bail
- illicit liquor
- vehicle registration
- Bihar Prohibition and Excise Act
- Section 482
- clean antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37653 of 2026
Arising Out of PS. Case No.-167 Year-2023 Thana- MADHUBANI TOWN District-
Madhubani
======================================================
Durgesh Kamat, Son of Hajari Kamat, Resident of Village- Marar, Ward No.
13, P.S.- Madhubani, Jitwarpur, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ugranath Mallik, Advocate
For the Opposite Party/s : Mr. Md. Shakir Ahmad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 01-07-2026 Heard Mr. Ugranath Mallik, learned counsel
appearing on behalf of the petitioner and Mr. Md. Shakir
Ahmad, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Nagar P.S. Case No. 167 of 2023 registered for the offence
punishable under Sections 30 (a) the Bihar Prohibition and
Excise Act as amended up-to-date.
3. Allegation is of recovery of 05.700 litres of illicit
liquor from a vehicle bearing Registration No. BR32T8813,
registered in the name of the petitioner.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner has been implicated in the
present case on the basis of registration certificate of the
Patna High Court CR. MISC. No.37653 of 2026(2) dt.01-07-2026
2/3
vehicle. Petitioner is not named in the FIR. Petitioner has no
concern with the alleged seized liquor nor he is involved in
trade of liquor in any manner. Petitioner had no knowledge that
his vehicle is being misused for carrying illicit liquor. Petitioner
has clean antecedent. On these grounds, petitioner seeks to be
released on pre-arrest bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Having heard the rival submissions made on behalf
of the parties, as well as, the fact that the petitioner is not named
in the FIR, he has been implicated in the present case on the
basis of registration certificate of the vehicle. Petitioner has
clean antecedent and also the fact that the State has failed to
implement its liquor policy in its true spirit, the petitioner, above
named, is directed to be released on pre-arrest bail, in the event
of his/her arrest or surrender before the learned District Court
within a period of four weeks from today, on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned District
Court where the case is pending, in connection with Nagar P.S.
Case No. 167 of 2023, subject to the condition as laid down
under Section 482(2) of the BNSS.
Patna High Court CR. MISC. No.37653 of 2026(2) dt.01-07-2026
3/3
7. The learned District Court is directed to verify
the criminal antecedent of the petitioner as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner as what has been stated in
paragraph no. 3, this order will lose its force automatically.
8. The present bail application is disposed of.
(Purnendu Singh, J)
Niraj/-
U T
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