Patna High CourtCR. MISC./50931/2025bail granted

Brahamdeo Kamat @ Brahamdev Kamat @ Braham Dev Kamat v. The State Of Bihar

2025-08-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50931 of 2025 Arising Out of PS. Case No.-277 Year-2025 Thana- PHULPARAS District- Madhubani ====================================================== Brahamdeo Kamat @ Brahamdev Kamat @ Braham Dev Kamat son of Mahanth Lal Kamat @ Mahanthlal Kamat Village- Bathnaha, PS- Phulparas, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Phulparas P.S. Case No. 277 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 43.120 liters liquor was recovered from Maruti Suzuki SX4 car and the petitioner was apprehended on spot.

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

Patna High Court CR. MISC. No.50931 of 2025(2) dt.04-08-2025 2/2 no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submits that the petitioner is not the owner of the car in question. The petitioner is in custody since 26.06.2025 and has got one criminal antecedent in which he is on bail. 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. 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. 277 of 2025.

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