Patna High Court
Vishwanath Kamat @ Vishnu KamatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Vishwanath Kamat was arrested in connection with the seizure of 439.2 litres of liquor, of which 250.20 litres were recovered from an auto in which he was a passenger. He was charged under 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 contended that he had no knowledge of the liquor, was neither the owner nor driver of the vehicle, and that no incriminating material was found in his possession, despite having two prior criminal antecedents. The State opposed bail, while the petitioner highlighted that a co‑accused had already been granted bail and that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 had not been complied with. Considering the circumstances, the Court inclined to grant bail, ordering the petitioner to furnish a bail bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the liquor‑related offences
- Whether the petitioner’s status as a passenger and lack of possession of the seized liquor negate the risk of flight or tampering with evidence
- Applicability of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in the bail procedure
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 3(5)
Subjects
- bail
- liquor seizure
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- Section 103
- passenger liability
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9891 of 2026
Arising Out of PS. Case No.-140 Year-2025 Thana- BHAIRAVSHTHAN District-
Madhubani
======================================================
Vishwanath Kamat @ Vishnu Kamat Son of Rambahadur Kamat Resident of
Village- Motinage, P.S.- Ladaniya, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ratnakar Jha, Advocate
For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Bhairavstahan P.S. Case No. 140 of 2025, instituted for the
offences punishable under Sections 274, 275, 3(5) of the
Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 439.200
liters liquor was recovered out of which 250.20 liters liquor was
recovered from auto from which the petitioner was
apprehended.
Patna High Court CR. MISC. No.9891 of 2026(2) dt.13-02-2026
2/3
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 also submitted that the petitioner is neither
owner nor driver of the vehicle in question rather he is
passenger of that vehicle and has got no knowledge with regard
to the nature of goods loaded in the vehicle. The petitioner is in
custody since 22.12.2025 and has got two criminal antecedents.
Learned counsel for the petitioner further submits that other co-
accused has been granted regular bail by a this Court vide order
dated 26.11.2025 passed in Cr. Misc. No. 80106 of 2025. There
is no compliance of Section 103 of the Bharatiya Nagarik
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 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 on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
Patna High Court CR. MISC. No.9891 of 2026(2) dt.13-02-2026
3/3
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bhairavstahan P.S.
Case No. 140 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
Checking your session…