Patna High Court
Ravindra Kamat @ Ravindra Kumar KamatversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of his criminal antecedent.
Summary
The petitioner, Ravindra Kamat, sought anticipatory bail fearing arrest in a case alleging possession of 576 litres of liquor, charged under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He argued that he was not arrested at the spot, had no conscious possession of the liquor, was not the owner of the vehicle, and the case rested on a confessional statement of a co‑accused made in police custody, which he claimed lacks evidentiary value. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bond and two sureties, invoking Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, and conditioned the order on verification of the petitioner’s criminal antecedent by the trial court. If any antecedent is found, the bail may be cancelled; if the petitioner is found to have a clean record, the bail will be confirmed. The order thus provides temporary protection while the trial proceeds.
Issues considered
- Whether anticipatory bail should be granted when the alleged offence is based on recovery of liquor and the petitioner claims lack of possession and reliance on a co‑accused’s confessional statement.
- Whether a confessional statement made by a co‑accused in police custody has evidentiary value for granting anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 3(5), 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- possession
- confessional statement
- liquor seizure
- criminal antecedent
- Section 438 CrPC
- Bihar Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7364 of 2026
Arising Out of PS. Case No.-165 Year-2025 Thana- BHAIRAVSHTHAN District-
Madhubani
======================================================
Ravindra Kamat @ Ravindra Kumar Kamat S/O Ram Nandan Kamat @
Ramanand Kamat R/o Vill - Atari, P.S - Laukahi, District - Madhubani, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mr. Akshay Lal Pandit, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-02-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 274, 275 and 3(5) of the
BNS as well as Section 30(a) of the Bihar Prohibition and Excise
(Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 576 litres of liquor from a car.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted that
petitioner is not owner of the seized vehicle and came to be
implicated based on the confessional statement of co-accused,
namely, Nitish Kumar Sharma in police custody which does not have
any evidentiary value in the eye of law. .
Patna High Court CR. MISC. No.7364 of 2026(2) dt.19-02-2026
2/2
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, let the petitioner above-named, in the event
of his arrest or surrender within a period of six weeks from today, be
released on provisional anticipatory bail on furnishing bail bonds of
Rs.500/- (Rupees Five Hundred) with two sureties of the like amount
each to the satisfaction of the learned trial court where the case is
pending/successor court in connection with Bhairavsthan P.S. Case
No. 165 of 2025, subject to the conditions as laid down under Section
438(2) of the Cr.P.C./482(2) of the BNSS.
7. It is made clear that thereafter the learned trial court
shall verify the criminal antecedent of the petitioner and if it is found
that petitioner has antecedent of even one case, it would be presumed
that petitioner had concealed his antecedent before this Court at para
3 of the anticipatory bail application in that event the provisional
anticipatory bail order shall not be confirmed but if it is found on
verification that petitioner is a person with clean antecedent in that
event the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
Checking your session…