Guddu Kamat @ Jay Kamat Vs The State of Bihar

====================================================== Appearance : For the Petitioner/s : Mr. Nawal Kishor Prasad For the Opposite Party/s : Mr. Md. Nazir Ansari ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 24-02-2026

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.

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Learned counsel for the petitioner submits that petitioner has antecedent of nine cases under the Excise Act and allegation is of recovery of 270.525 litres of liquor from two vehicles. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of any of the seized vehicle and he came to be implicated based on confessional statement of apprehended accused in police custody which does not have any evidentiary value. It is also submitted that once an accused is

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Patna High Court CR. MISC. No.10900 of 2026(2) dt.24-02-2026 2/3

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implicated in a case relating to excise, the police starts implicating mechanically either through chowkidar, local person, confessional statement or secret information without holding a proper investigation. It is also submitted that petitioner earlier also in similar manner came to be implicated.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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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 Court below within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.45,000/- (Rupees forty five thousand) 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 Bahadurpur P.S. Case No.455/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

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It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of more than nine cases, in that event, it would be presumed that petitioner had concealed his antecedent before this court, as such, the

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Patna High Court CR. MISC. No.10900 of 2026(2) dt.24-02-2026 3/3

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provisional anticipatory bail order shall not be confirmed but if on verification it is found that petitioner has antecedent of nine cases, in that event the provisional anticipatory bail order shall be confirmed forthwith.

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(Satyavrat Verma, J)

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amit/-

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U T

Guddu Kamat @ Jay Kamat v. The State of Bihar

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Guddu Kamat @ Jay Kamat v. The State of Bihar

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