Patna High Court
Sadanand KamatversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Petitioner No.1 is entitled to provisional anticipatory bail subject to bail‑bond conditions and verification of his criminal antecedents.
Summary
The petitioners, Sadanand Kamat and Nitish Kumar Yadav, filed an anticipatory bail application in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The court allowed the withdrawal of the application for petitioner No.2 after his arrest, and dismissed that part of the application. For petitioner No.1, the court granted provisional anticipatory bail on the condition that he furnishes bail bonds of Rs.15,000 with two sureties and appears before the Special Excise Court within six weeks. The bail is subject to Section 482(2) of the B.N.S.S. and a verification of his criminal antecedents; if more than three prior cases are found, the bail may be cancelled. The trial court is directed to verify the antecedents and confirm the bail if the condition of at most three prior cases is satisfied.
Issues considered
- Whether petitioner No.1 is entitled to anticipatory bail for an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether the anticipatory bail application can be withdrawn for petitioner No.2 after his arrest.
- What conditions may be imposed on the grant of anticipatory bail in this context.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Section 30(a)
- bail conditions
- withdrawal of application
- criminal antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63073 of 2025
Arising Out of PS. Case No.-110 Year-2025 Thana- PIPRA District- Supaul
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1. Sadanand Kamat S/O Late Yogendra Kamat @ Jogindra Kamat R/O Vill.-
Bahurava, Ward no. 11, P.S.- Kishanpur, Dist.- Supaul
2. Nitish Kumar @ Nitish Kumar Yadav S/O Bhogilal Yadav @ Jogi Yadav
R/O Vill.- Devipatti, Ward no.9, P.S.- Pipra, Dist.- Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Mishra, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. Learned counsel for the petitioners, at the outset,
seeks permission to withdraw the anticipatory bail application with
respect to petitioner no.2, namely, Nitish Kumar @ Nitish Kumar
Yadav as he was arrested during the pendency of the instant
anticipatory bail application.
3. Permission is accorded.
4. The anticipatory bail application is dismissed as
withdrawn so far as petitioner no.2, Nitish Kumar @ Nitish Kumar
Yadav is concerned.
5. Petitioner No.1, namely, Sadanand Kamat
apprehends his arrest in a case registered for the offence
Patna High Court CR. MISC. No.63073 of 2025(3) dt.06-01-2026
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punishable under Section 30(a) of Bihar Prohibition and Excise
(Amendment) Act, 2018.
6. Learned counsel for the petitioner submits that
petitioner no.1 has antecedents of three cases under the Excise Act
and allegation is of recovery of 52.8 litres of liquor from a sack
tied to a motorcycle. It is next submitted that petitioner was not
arrested from the spot, as such, nothing was recovered from his
conscious possession and is not the owner of the seized vehicle
and he came to be implicated at the instance of Chowkidar but
then it is submitted that if Chowkidar was aware of the
involvement of the petitioner in the occurrence then why he did
not inform the police prior to institution of the instant FIR which
casts an aspersion on the case of the prosecution. It is also
submitted that once an accused is implicated in a case relating to
excise, the police starts implicating mechanically either at the
instance of Chowkidar, local person, confessional statement or
secret information without holding a proper investigation.
7. Learned A.P.P. opposes the anticipatory bail
application.
8. Considering the submissions made by the learned
counsel for the petitioner, petitioner no.1, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
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provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of the learned Exclusive
Special Excise Court No.-I, Supaul in connection with Pipra P.S.
Case No.110 of 2025, giving rise to S.T. Excise No.353 of 2025,
subject to the conditions laid down under Section 482(2) of the
B.N.S.S.
9. The application stands allowed.
10. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedents of more than three cases, then
it would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court, in
that event, the present provisional anticipatory bail order shall not
be confirmed, but if on verification, it is found that petitioner has
antecedents of only three cases, in that event, the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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