Rajesh Kumar Kamti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45471 of 2026 Arising Out of PS. Case No.-607 Year-2026 Thana- Excise P.S. District- Kishanganj ====================================================== Rajesh Kumar Kamti S/o Tribhuwan Kamti R/o Ward No. 25, Railway Colony, T/B (B), Daymarket, P.S.- Kishanganj, District- Kishanganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mritunjay Kumar For the Opposite Party/s :
Ms. Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-07-2026
1. 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 Sections 30(a) and 32(3) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 118.480 liters of liquor from a Scorpio vehicle.
4. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession. It is submitted that the order impugned wrongly records that petit is the owner of the seized vehicle when petitioner is not the owner of the vehicle, as has been specifically pleaded at Para-8 of the
Patna High Court CR. MISC. No.45471 of 2026(2) dt.09-07-2026 2/3 anticipatory bail application and he came to be implicated based on confessional statement of Prakash in police custody which does not have any evidentiary value.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
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 Trial Court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds 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 Madya Nisedh P.S. Case No. 607 of 2026 subject to the conditions as laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court 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 seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner is a person with clean antecedent in that event the provisional
Patna High Court CR. MISC. No.45471 of 2026(2) dt.09-07-2026 3/3 anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Rishabh/- U T