Patna High Court
Ajay Kamat @ Bhola KamatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, subject to specified conditions and a cash bond.
Summary
The petitioner, Ajay Kamat, was arrested in connection with the recovery of 630 litres of illicit Nepali liquor and charged under IPC Sections 272, 273 read with 34 and Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, that no contraband was found in his possession, and that he had no link to the vehicle from which the liquor was seized, despite having six prior criminal cases and being in custody since 18‑12‑2025. The State opposed bail, while the petitioner’s counsel highlighted the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The Court, after considering the facts and the period of custody, decided to grant bail subject to a cash bond of Rs.15,000 with two sureties and several conditions regarding appearance, travel, and future conduct. The order directs the petitioner to be released on bail after framing of charge, if not already done.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences and his prior criminal antecedents.
- Whether the procedural requirements under Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 have been complied with.
- Whether the petitioner’s alleged lack of connection to the seized liquor and vehicle warrants bail.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Indian Penal Code — s. 272, 273, 34
Subjects
- bail
- illicit liquor
- IPC
- prohibition law
- criminal procedure
- antecedents
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4227 of 2026
Arising Out of PS. Case No.-120 Year-2024 Thana- LADANIA District- Madhubani
======================================================
Ajay Kamat @ Bhola Kamat Son of Shibu Kamat R/o Village - Gajhara
Navtoli, P.S. - Ladaniya, Distt. - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ratnakar Jha, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with G.R.
No. 662 of 2024 arising out of Ladaniya P.S. Case No. 120 of
2024 instituted for the offences punishable under Sections 272,
273 read with Section 34 of the Indian Penal Code and Section
30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 630 litres
of illicit Nepali liquor has been recovered from car.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
Patna High Court CR. MISC. No.4227 of 2026(2) dt.27-01-2026
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that petitioner is in no manner connected with the vehicle in
question or with the alleged recovery of liquor. Local
Chowkidar disclosed the name of the petitioner. The petitioner
has got no concern with the alleged recovery of liquor. The
petitioner is in custody since 18.12.2025 and has six criminal
antecedents. There is no compliance of Section 103 of the
Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with G.R. No. 662 of
2024 arising out of Ladaniya P.S. Case No. 120 of 2024, subject
to the following conditions:-
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
Patna High Court CR. MISC. No.4227 of 2026(2) dt.27-01-2026
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fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) The Petitioner shall not leave the territorial
jurisdiction of the learned court below without taking prior
permission of the court concerned.
(IV) If the petitioner is found involved in the similar
nature of offence in future, the prosecution will be at liberty to
move for cancellation of bail.
(Rudra Prakash Mishra, J)
atul/-
U T
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