Patna High Court
Surat Kamati @ Suraj KamativersusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Narcotic Substances Act — s. 103(1), 3(5)
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
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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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