Patna High Court

Laxmi KamatversusThe State of Bihar

Decided: 31 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court inclined to grant bail to the petitioner, subject to bond and conditions.

Summary

The petitioner, Laxmi Kamat, was arrested in connection with the recovery of 675 litres of liquor from a pickup van and charged under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He contended that he was neither the owner nor the driver of the vehicle, that no incriminating material was found in his possession, and that his name was linked to the case through secret information. The petitioner, who has three prior criminal antecedents and has been in custody since 9 October 2025, argued that the prosecution had not complied with Section 103 of the BNSS. The State opposed bail. Considering the circumstances, the court granted bail, ordering a bond of Rs.15,000 with two sureties and imposing conditions regarding family surety and regular appearance in court.

Issues considered

Whether bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023 in view of the alleged offences and his criminal antecedents.
Whether the prosecution complied with the procedural requirements of Section 103 of the BNSS for bail consideration.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 103, 274, 275, 3(5)

Subjects

bail
prohibition act
excise
Bharatiya Nyaya Sanhita
Section 103
criminal antecedents
liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.5491 of 2026
                      Arising Out of PS. Case No.-138 Year-2025 Thana- BHAIRAVSHTHAN District-
                                                       Madhubani
                 ======================================================
                 Laxmi Kamat Son of Garbhu Kamat @ Garbhubhu Kamat Resident of Village
                 -Akhari PS- Ladaniya, Dist- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ramchandra Jha Raman, Advocate
                 For the Opposite Party/s :      Mr. Arun Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   31-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Bairvasthan PS Case No. 138 of 2025 instituted for the offences

                   under Section/s 30(a) of the Bihar Prohibition and Excise Act

                   and Sections 274, 275 & 3(5) of the Bharatiya Nyaya Sanhita,

                   2023.

                           3.       The prosecution case, in short, is that 675 liters

                   liquor was recovered from pickup van.

                           4.       Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.5491 of 2026(2) dt.31-01-2026
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          no concern with the alleged recovery of liquor. It is submitted

          that petitioner is neither the owner nor the driver of the vehicle

          in question and he has no concern with the same. Name of the

          petitioner has surfaced in this case on the basis of secret

          information. The petitioner is in custody since 09.10.2025 and

          has got three criminal antecedent/s. There is no compliance of

          Section 103 of the BNSS, 2023.

                  5.      Learned A.P.P. 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 and 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 on furnishing

          bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties

          of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Bairvasthan PS Case

          No. 138 of 2025, 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

          fixed at the trial. In case of default in such appearance on two

          consecutive dates, the Trial Court will have liberty to cancel the
           Patna High Court CR. MISC. No.5491 of 2026(2) dt.31-01-2026
                                                       3/3




                     bail bonds of the petitioner.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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