Patna High Court
Raman Kamat @ Brahmdev KamatversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his criminal antecedent.
Summary
The petitioner, Raman Kamat, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 540 litres of liquor from a pick‑up vehicle. He contended that he had a clean criminal record, was not in possession of the vehicle at the time of seizure, and was unaware that a friend had misused the vehicle. The State opposed his application for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditioned the order on verification of the petitioner’s antecedent by the trial court. The court stipulated that if any prior case is discovered, the bail would be revoked, whereas a clean antecedent would lead to confirmation of the bail order.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in view of the allegations under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s alleged ownership of the vehicle and lack of prior criminal antecedent justify the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- clean antecedent
- vehicle ownership
- CrPC Section 438
- B.N.S.S Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7815 of 2026
Arising Out of PS. Case No.-156 Year-2025 Thana- Excise P.S. District- Madhubani
======================================================
Raman Kamat @ Brahmdev Kamat S/o- Awadh Kamat Resident of Village-
Khojpur, Police Station- Babubarhi, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Soban Asghar, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 16-03-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 540 litres of liquor from a Pick-Up.
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 came to be implicated based on the fact that he is
owner of the seized vehicle. It is next submitted that
inadvertently, at para 8 of the anticipatory bail application, it has
been recorded that petitioner is not the owner of the vehicle
Patna High Court CR. MISC. No.7815 of 2026(3) dt.16-03-2026
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when the order impugned records that petitioner is owner of the
vehicle. It is also submitted that no prudent person would use
his own vehicle for committing an occurrence and thus would
create evidence against himself and hence would get implicated.
It is further submitted that petitioner was completely unaware
that his friend would misuse the vehicle in the manner as
alleged who also fled from the spot.
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 Sadar Excise P.S. Case No. 156 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C./482(2) of the B.N.S.S.
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
Patna High Court CR. MISC. No.7815 of 2026(3) dt.16-03-2026
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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
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