Sunil Kumar Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45526 of 2025 Arising Out of PS. Case No.-50 Year-2022 Thana- PHULPARAS District- Madhubani ====================================================== Sunil Kumar Kamat S/O Ram Kumar Kamat R/O Village- Bachhauni, P.S.- Phulparas, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Earlier anticipatory bail of the petitioner was rejected vide order dated 07.12.2022 passed in Cr. Misc. No. 53648 of 2022 (Annexure-1).

3. The petitioner seeks bail in connection with Phulparas P.S. Case No. 50 of 2022, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

4. The prosecution case, in short, is that, 72 liters liquor was recovered from the house of the petitioner.

5. 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

Patna High Court CR. MISC. No.45526 of 2025(2) dt.16-07-2025 2/2 no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submits that the petitioner was not present at the place of occurrence. Name of the petitioner has transpired in this case on the basis of secret information received by the police. It is further submitted that the alleged recovery has been made from the joint house of the petitioner where other family members also reside. The petitioner is in custody since 09.06.2025 and has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

6. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. 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.

8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Phulparas P.S. Case No. 50 of 2022.

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