Patna High Court
Ritesh KamatversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners, subject to bond, sureties and verification of their antecedents.
Summary
The petitioners, Ritesh Kamat and Lal Mukhiya, were implicated in a case alleging the recovery of 45 litres of liquor from a motorcycle, violating Sections 30(a) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022. They applied for anticipatory bail, asserting they have clean antecedents and that the liquor was not found in their conscious possession; the second petitioner was said to be unaware that his friend used his vehicle for the alleged offence. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.500 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, pending verification of the petitioners' criminal antecedents. The order stipulates that if any antecedent is discovered, the bail will not be confirmed; otherwise, it will be confirmed. The decision balances the petitioners' claim of innocence with the need for procedural safeguards.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioners under the circumstances of the alleged liquor seizure?
- Whether ownership of the vehicle used in the alleged offence disqualifies the petitioner from anticipatory bail?
- Whether the petitioners' claim of clean antecedent affects the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 41(1)
- Criminal Procedure Code — s. 438(2), 482(2)
Subjects
- anticipatory bail
- prohibition act
- liquor seizure
- vehicle ownership
- clean antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9948 of 2026
Arising Out of PS. Case No.-115 Year-2025 Thana- RAHIKA District- Madhubani
======================================================
1. Ritesh Kamat S/O Kailash Kamat R/o village - Rahika, P.s.- Rahika, District
- Madhubani
2. Lal Mukhiya S/O Sattan Mukhiya R/o village - Ramnagar, P.S.- Rahika,
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. Sanjay Kumar Sharma, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-02-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 30(a) and
41(1) of the Bihar Prohibition and Excise (Amendment) Act,
2022.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 45 litres of liquor from a motorcycle.
4. Learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession. It is further
submitted that petitioner no. 2 came to be implicated based on
Patna High Court CR. MISC. No.9948 of 2026(2) dt.23-02-2026
2/3
the fact that he is owner of the seized vehicle. It is next
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 also
submitted that petitioner no. 2 was completely unaware that his
friend, namely, Santosh Sahni would misuse the vehicle in the
manner as alleged who was also apprehended from the spot.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, let the petitioners above-named, in
the event of their 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)
each 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 Rahika P.S. Case No. 115 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C./482(2) of the BNSS.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioners and
if it is found that petitioners have antecedent of even one case, it
Patna High Court CR. MISC. No.9948 of 2026(2) dt.23-02-2026
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would be presumed that petitioners had concealed their
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
petitioners are persons 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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