Patna High CourtCR. MISC./38694/2025bail granted

Suraj Kumar Kamat@ Suraj Kamat v. The State Of Bihar

2025-06-23Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38694 of 2025 Arising Out of PS. Case No.-66 Year-2025 Thana- BASOPATTI District- Madhubani ====================================================== Suraj Kumar kamat@ Suraj Kamat Son of Bhilai Kamat Village- Phent PSBasopatti Distt- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratnakar Jha, Adv.

For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with G.R. No. 419 of 2025 arising out of Basopatti P.S. Case No. 66 of 2025 instituted for the offences under Sections 274, 275 of the Bhartiya Nyaya Sanhita and 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered total 87 liters of illicit Nepali liquor from the motorcycle. The petitioner was arrested on the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to local politics. He further submits that nothing incriminating has been recovered from the conscious possession

Patna High Court CR. MISC. No.38694 of 2025(2) dt.23-06-2025 2/2 of the petitioner. The petitioner has no concern with the seized liquor. The petitioner is not the owner of the alleged seized motorcycle. The petitioner has never dealt with the wine. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 25.03.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with G.R. No. 419 of 2025 arising out of Basopatti P.S. Case No. 66 of 2025.

(Rudra Prakash Mishra, J) rishi/- U T