Patna High Court
Ravi KamatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that bail may be granted to the petitioners, subject to conditions, as the alleged possession was not conclusively established and they have clean antecedents.
Summary
The petitioners, Ravi Kamat and his wife Anita Devi, were named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with six liters of liquor recovered from an open area behind their shop. They contested that the liquor was not in their conscious physical possession. The court examined the record and noted the petitioners' clean antecedents. Considering the submissions, the court directed that if the petitioners surrender or are arrested within four weeks, they be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties each. The bail was conditioned on the provisions of Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether the recovery of illicit liquor from an open place behind the petitioners' shop constitutes conscious physical possession for the purpose of Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether bail can be granted to the petitioners pending trial under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- illicit liquor
- prohibition and excise
- criminal procedure
- possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40058 of 2026
Arising Out of PS. Case No.-343 Year-2022 Thana- PHULPARAS District- Madhubani
======================================================
1. Ravi Kamat, Son of Late Shyam Sundar Kamat
2. Anita Devi, Wife of Ravi Kamat
Resident of Village-Brahmpura, P.S. -Phulparas, Distt -Madhubani
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ratnakar Jha, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. Both accused/petitioners are named in the FIR
and apprehending their arrest in connection with Phulparas
P.S. Case No.343 of 2022 registered under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. Allegation against the petitioners is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 6 liters of IMFL/country-made liquor.
4. Considering the submission and also upon
perusal of record, it transpires that the recovery of illicit
liquor was made from an open place, behind the shop of the
Patna High Court CR. MISC. No.40058 of 2026(2) dt.22-06-2026
2/2
petitioners, disputing its recovery from their conscious
physical possession, accordingly, both petitioners, above-
named, who are of clean antecedent, in the event of their
arrest or surrender in the court below within a period of four
weeks from today, are directed to be released on bail on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the
satisfaction of the learned Special Judge (Excise) Act,
Jhanjharpur, Madhubani in connection with Phulparas P.S.
Case No.343 of 2022, subject to the conditions as laid down
under Section 438(2) of the CrPC/under Section 482(2) of
the BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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