Dipu @ Dipu Kamat @ Digamber Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18058 of 2026 Arising Out of PS. Case No.-133 Year-2025 Thana- ARER District- Madhubani ====================================================== Dipu @ Dipu Kamat @ Digamber Kamat son of Laxmi Kamat @ Laxman Kamat R/o village - Phent , (Phait) , p.s- Basopatti, District - Madhubani ... ... Petitioner/s

Versus

The State of Bihar . ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagandeo Yadav, Advocate Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 06-04-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 274, 275 and 3(5) of the B.N.S. and Section 30 (a) of the Bihar Prohibition and Excise Act, 2022.

3. A bare perusal of the first information report and the seizure list would go to show that 108 liters of foreign liquor has been recovered from a motorcycle, which was parked in an orchard of one Dhirendra Prasad Singh.

4. It is submitted by learned counsel for the petitioner that the petitioner is not named in the F.I.R. The name of the petitioner has surfaced in this case being the owner of the said motorcycle. The petitioner has no knowledge whatsoever how the liquor was recovered from the said motorcycle. It is further

Patna High Court CR. MISC. No.18058 of 2026(2) dt.06-04-2026 2/2 submitted that the place of recovery is an open place and easily accessible to anyone, hence no responsibility can be fixed on the petitioner. It is further submitted that there is violation of mandatory provision in search and seizure as also there is no eye witness to the said seizure list. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case as well as the fact that the petitioner is the registered owner of the said motorcycle and has no criminal antecedent, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Arer P.S. Case No.133 of 2025, subject to the condition as laid down under Section 482 (2) Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

(Soni Shrivastava, J) Trivedi/- U T