Ajay Kamat @ Bhola Kamat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4227 of 2026 Arising Out of PS. Case No.-120 Year-2024 Thana- LADANIA District- Madhubani ====================================================== Ajay Kamat @ Bhola Kamat Son of Shibu Kamat R/o Village - Gajhara Navtoli, P.S. - Ladaniya, Distt. - 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. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-01-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with G.R. No. 662 of 2024 arising out of Ladaniya P.S. Case No. 120 of 2024 instituted for the offences punishable under Sections 272, 273 read with Section 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 630 litres of illicit Nepali liquor has been recovered from car.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted
Patna High Court CR. MISC. No.4227 of 2026(2) dt.27-01-2026 2/3 that petitioner is in no manner connected with the vehicle in question or with the alleged recovery of liquor. Local Chowkidar disclosed the name of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 18.12.2025 and has six 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 G.R. No. 662 of 2024 arising out of Ladaniya P.S. Case No. 120 of 2024, 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
Patna High Court CR. MISC. No.4227 of 2026(2) dt.27-01-2026 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(III) The Petitioner shall not leave the territorial jurisdiction of the learned court below without taking prior permission of the court concerned.
(IV) If the petitioner is found involved in the similar nature of offence in future, the prosecution will be at liberty to move for cancellation of bail.
(Rudra Prakash Mishra, J) atul/- U T