Subodh Kamat @ Subodh Kamti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3549 of 2023 Arising Out of PS. Case No.-191 Year-2022 Thana- NAANPUR District- Sitamarhi ====================================================== 1.

Subodh Kamat @ Subodh Kamti Son Of Sri Kapal Kamat R/O Vill.- Bathoul, P.S.- Nanpur, Distt.- Sitamarhi 2.

Rohit Kumar Son Of Sri Binod Kamat R/O Vill.- Bathoul, P.S.- Nanpur, Distt.- Sitamarhi 3.

Raj Kumar Kamat @ Raj Kumar Son Of Late Manoj Kamat @ Manoj Bamat R/O Vill.- Bathoul, P.S.- Nanpur, Distt.- Sitamarhi ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Sunil Prasad Singh, Advocate For the Opposite Party/s :

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Section 30(a)(c) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 29 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. It is alleged that 29 liters wine is recovered from the joint houses of the petitioners. The names of the petitioners have transpired as the recovery is made from the joint houses of the petitioners where other

Patna High Court CR. MISC. No.3549 of 2023(2) dt.21-04-2023 2/2 family members also reside. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. Learned counsel for the petitioners has placed reliance upon the order dated 13.04.2022 passed by the Hon'ble Supreme Court in Criminal Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar).

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-II, Sitamarhi in connection with Nanpur P.S. case No. 191/2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T