Raja Kamati @ Raja Kamat @ Raja Kumar Kamati v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43705 of 2025 Arising Out of PS. Case No.-80 Year-2025 Thana- PANDAUL District- Madhubani ====================================================== Raja Kamati @ Raja Kamat @ Raja Kumar Kamati S/o Raj Kumar Kamati R/o - Lohna West, P.S - Bhairavasthan, District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s :
Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-07-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.
2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Pandaul P.S. Case No. 80 of 2025, lodged on 30.04.2025, under Sections 30(a)/41(i) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, total recovery of 22.920 litres of Indian made foreign liquor has been made which is the subject matter of the present case.
Patna High Court CR. MISC. No.43705 of 2025(2) dt.16-07-2025 2/3
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the petitioner has been implicated in the present case only because of the fact that petitioner is the owner of the seized motorcycle. Counsel submits that his relative has borrowed the motorcycle on the pretext of purchasing medicine for his mother. Later on he came to know about the occurrence that police has seized his motorcycle. Counsel submits that nothing has been recovered from his conscious possession. Counsel submits that antecedent of the petitioner is not clean but it is not of excise matter. Counsel submits that under conspiracy his name has figured in this case.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. In the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Exclusive Special Judge, Excise Court,
Patna High Court CR. MISC. No.43705 of 2025(2) dt.16-07-2025 3/3 Madhubani, in connection with Pandaul P.S. Case No.80 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J) Mkr./- U T