IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9891 of 2026 Arising Out of PS. Case No.-140 Year-2025 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== Vishwanath Kamat @ Vishnu Kamat Son of Rambahadur Kamat Resident of Village- Motinage, P.S.- Ladaniya, District- 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. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 13-02-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Bhairavstahan P.S. Case No. 140 of 2025, instituted for the offences punishable under Sections 274, 275, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that total 439.200 liters liquor was recovered out of which 250.20 liters liquor was recovered from auto from which the petitioner was apprehended. Patna High Court CR. MISC. No.9891 of 2026(2) dt.13-02-2026 2/3 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submitted that the petitioner is neither owner nor driver of the vehicle in question rather he is passenger of that vehicle and has got no knowledge with regard to the nature of goods loaded in the vehicle. The petitioner is in custody since 22.12.2025 and has got two criminal antecedents. Learned counsel for the petitioner further submits that other co- accused has been granted regular bail by a this Court vide order dated 26.11.2025 passed in Cr. Misc. No. 80106 of 2025. There is no compliance of Section 103 of the Bharatiya Nagarik 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 and 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 on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two Patna High Court CR. MISC. No.9891 of 2026(2) dt.13-02-2026 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bhairavstahan P.S. Case No. 140 of 2025. Rajorshi/- (Rudra Prakash Mishra, J) U T