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Patna High Court

Surat Kamati @ Suraj KamativersusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner on the condition of a Rs.10,000 bond and two sureties.

Summary

The petitioner, Surat Kamati, was arrested in connection with a case registered under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act, alleging that he called a deceased person and the dead body was later found. He has been in custody since 18‑12‑2025. The defence argued that the post‑mortem report showed death due to alcohol consumption with no external or internal injuries, indicating no foul play and that the petitioner was falsely implicated. Relying on this medical evidence, the petitioner sought bail. The High Court, after hearing counsel, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, while expressly stating that the order was limited to bail and did not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences under Sections 103(1) and 3(5) of the BNS.
  • Whether the post‑mortem findings indicating death due to alcohol consumption negate the prosecution's case and justify bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Section 103
  • Section 3
  • post-mortem report
  • Bihar Narcotic Substances Act
  • presumption of innocence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26091 of 2026
                        Arising Out of PS. Case No.-68 Year-2025 Thana- BISFI District- Madhubani
                 ======================================================
                 Surat Kamati @ Suraj Kamati Son of Faguni Kamati Resident of Village-
                 Hiropatti, P.S.- Bisfi, Dist.- Madhubani

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Nagendra Kumar
                 For the Opposite Party/s :       Mr.Shyameshwar Dayal
                                                  Mr. Shyam Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   21-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner seeks bail in connection with

                   Bisfi P.S. Case No. 68 of 2025 registered for the offence under

                   Sections 103(1) and 3(5) of the BNS.

                                   3.    As per the prosecution case, the allegation

                   against the petitioner and others are said to have called the

                   deceased and thereafter the dead body of the deceased was

                   found.

                                   4. The petitioner is in custody since 18.12.2025.

                                   5. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has falsely been implicated in this

                   case. He further submits, relying on the post-mortem report, that
          Patna High Court CR. MISC. No.26091 of 2026(2) dt.21-04-2026
                                                      2/2




                    it appears that the deceased died because of alcohol

                    consumption and there is no external and internal injury on the

                    body of the deceased and the viscera has been preserved for

                    FSL.

                                    6. Considering the aforesaid facts, this application

                    is allowed.

                                    7. Let the petitioner, above named, be released on

                    bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

                    with two sureties of the like amount each to the satisfaction of

                    the learned concerned court below in connection with Bisfi P.S.

                    Case No. 68 of 2025.

                                    8. It is, however, clarified that the observations

                    made herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioner at

                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.



                                                                (Sandeep Kumar, J)
Vikas/-

U


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