Patna High Court
Nage Kamat @ Nagesh KamatversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court allowed the anticipatory bail application, granting provisional bail subject to conditions under Section 482(2) of the CrPC.
Summary
The petitioner, Nage Kamat, applied for anticipatory bail in a case registered under Sections 274 and 275 of the B.N.S. and Section 30(a) of the Excise Act for alleged recovery of 1,224 litres of liquor from his house. He asserted a clean antecedent, claimed the liquor was not in his conscious possession, and alleged that a watchman, with whom he had a personal dispute, falsely implicated him. The State opposed the bail, arguing the seriousness of the offences. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditions under Section 482(2) of the CrPC, directing verification of the petitioner’s antecedent. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted for offences under Sections 274 and 275 of the B.N.S. and Section 30(a) of the Excise Act
- Whether the petitioner is likely to abscond, tamper with evidence or influence witnesses
- Whether the allegation of false implication by the watchman warrants the grant of bail
Legislation cited
- B.N.S. — s. 274, 275
- Code of Criminal Procedure, 1973 — s. 482(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 274 BNSS
- Section 275 BNSS
- Excise Act
- clean antecedent
- high court
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9353 of 2026
Arising Out of PS. Case No.-340 Year-2025 Thana- LADANIA District- Madhubani
======================================================
Nage Kamat @ Nagesh Kamat Son of Late Garbhu Kamat Resident of
Village- Ekhari, P.S.- Ladaniya, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashad
For the Opposite Party/s : Mr.Bharat Lal
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 06-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 274 and 275 of the B.N.S. and Section 30(a) of the
Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 1224 litres of liquor from asbestos house of the
petitioner.
4. The 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 next submitted
that he came to be implicated at the instance of Chaukidar with
Patna High Court CR. MISC. No.9353 of 2026(4) dt.06-04-2026
2/3
whom he is on an inimical term. It is further submitted that if
Chaukidar was aware of the involvement of the petitioner in the
occurrence, then why he did not inform the police prior to
institution of the present F.I.R., which casts an aspersion on the
case of the prosecution. It is next submitted that a specific
pleading has been made at Para-8 that petitioner is not the
owner of the house from where the alleged recovery of liquor
was made, but then, police in mechanical manner investigates
and implicates. It is next submitted that it appears that the
Chaukidar in order to save the real culprit falsely implicated the
petitioner, when admittedly petitioner is a person with clean
antecedent.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, 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
provisional anticipatory bail on his furnishing bail-bonds in the
sum 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
Patna High Court CR. MISC. No.9353 of 2026(4) dt.06-04-2026
3/3
Ladaniya P. S. Case No.340 of 2025, subject to the conditions
laid down under Section 482(2) of the BNSS.
7. The application stands allowed.
8. 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 antecedent of even one case, 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 is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
Checking your session…