Sipit Lal Kamat @ Dhaman Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5031 of 2023 Arising Out of PS. Case No.-279 Year-2022 Thana- LADANIA District- Madhubani ====================================================== Sipit Lal Kamat @ Dhaman Kamat Son of Late Swaroop Kamat Resident of Village- Padma, P.S.- Ladaniya, District- Madhubani ... ... Petitioner

Versus

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

For the Petitioner : Mr. Gagandeo Yadav, Advocate Mr.Ravi Prakash, Advocate Mr. Udeshya Kumar Yadav, Advocate Mr. Vinod Kumar, Advocate For the Opposite Party :

Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections-272 & 273 of the Indian Penal Code. And Section-30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 8.700 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 8.700 liters wine is recovered from the cattle shed. The cattle shed belong to joint family of the petitioner. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no

Patna High Court CR. MISC. No.5031 of 2023(2) dt.20-04-2023 2/2 knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. Learned counsel for the petitioner has placed reliance upon the order dated 13-04-2022 passed by the Hon'ble Supreme Court in Cr. Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar.) On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, 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) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise, Madhubani in connection with Ladania P.S. Case No. 279 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T