Patna High Court

Laxmi KamatversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that bail should be granted to the petitioner, subject to monetary and procedural conditions.

Summary

Laxmi Kamat was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 315 litres of Nepali liquor. The petitioner contended that he was neither the owner nor the driver of the vehicle from which the liquor was recovered and that no incriminating material was found in his possession. He also highlighted that the co‑accused’s statements did not name him, and argued that his five prior convictions should not preclude bail. The State opposed bail, emphasizing his criminal antecedents and the lack of compliance with Section 103 of the BNSS, 2023. After considering the circumstances, the court granted bail on the condition of a Rs.15,000 bond, two sureties, and compliance with procedural conditions, including regular appearance in court.

Issues considered

Whether bail should be granted to an accused under Section 30(a) of the Bihar Prohibition and Excise Act despite having five prior criminal convictions.
Whether compliance with Section 103 of the BNSS, 2023 is a prerequisite for granting bail in this case.

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
Section 30(a)
criminal antecedents
BNSS 2023
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90033 of 2025
                 Arising Out of PS. Case No.-80 Year-2025 Thana- BHAIRAVSHTHAN District- Madhubani
                 ======================================================
                 Laxmi Kamat Son of Late Garbhu Kamat Resident of Village- Akahari Gobal
                 (Geval), P.S.- Ladaniya, District- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ravi Prakash, Adv.
                 For the Opposite Party/s :      Mr. Veena Kumari Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2. The petitioner seeks bail in connection with

                   Bhairavsthan PS Case No. 80 of 2025 instituted for the offences

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

                           3. The prosecution case, in short, is that 315 liters of

                   nepali liquor was recovered from the car.

                           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

                   no concern with the alleged recovery of liquor. Learned counsel

                   for the petitioner submits that the petitioner is neither the owner
Patna High Court CR. MISC. No.90033 of 2025(2) dt.19-01-2026
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          nor the driver of the vehicle in question and his name has

          transpired in this case on the disclosure made by the

          apprehended co-accused person. The petitioner is in custody

          since 14.11.2025 and has got five criminal antecedents. 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. The petitioner has

          five criminal antecedents and he does not deserve bail.

                  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, after framing of

          charge, if not already framed, 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          Bhairavsthan PS Case No. 80 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.90033 of 2025(2) dt.19-01-2026
                                                       3/3




                     bail bonds of the petitioner.

                             (III) If the petitioner tampers with the evidence or the

                     witnesses, in that case, the prosecution will be at liberty to move

                     for cancellation of bail.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T

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