Patna High Court
Laxmi KamatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, subject to bond and conditions, despite the seriousness of the charges and prior antecedents.
Summary
Laxmi Kamat was arrested in connection with the recovery of 313 litres of liquor from an auto‑rickshaw, alleged to violate Sections 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed he was falsely implicated, asserted that the incriminating article was not found in his possession, and argued that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, citing the seriousness of the offence and the petitioner’s five prior criminal antecedents. The Court, after considering the custody period and the circumstances, decided to grant bail subject to a bond of Rs. 15,000 with two sureties and conditions regarding family surety and regular appearance. The bail order was conditioned on the framing of charges, if not already done, and allowed cancellation upon default of appearance on two consecutive dates.
Issues considered
- What is the appropriateness of granting bail to the petitioner given the nature of the alleged liquor‑smuggling offences and his prior criminal antecedents?
- Whether the prosecution complied with the procedural requirement of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affecting the bail decision.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 3(5)
Subjects
- bail
- criminal procedure
- liquor smuggling
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- false implication
- Section 103
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90120 of 2025
Arising Out of PS. Case No.-135 Year-2025 Thana- BHAIRAVSHTHAN District-
Madhubani
======================================================
Laxmi Kamat S/O Late Garbhu Kamat @ Garbhubhu Kamat R/O Village-
Akahari Gobal, P.S- Ladaniya, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, 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
Bhairabsthan P.S. Case No. 135 of 2025 instituted for the
offences punishable under Sections 274, 275, 3(5) of the
Bharatiya Nyaya Sanhita, 2023 and 30(a) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 313 litres
of liquor was recovered from auto rickshaw.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
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incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is in no manner connected with the vehicle in
question or the alleged recovery of liquor. The petitioner is in
custody since 19.11.2025 and has five criminal antecedents.
There is no compliance of Section 103 of the Bharatiya
Nagarika Suraksha Sanhita, 2023.
5. Learned APP 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 as also 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/- ( Rupees Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with Bhairabsthan P.S.
Case No. 135 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
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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