Jeebachh Kamat @ Jibachh Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 5928 of 2025 Arising Out of PS. Case No.-199 Year-2024 Thana- Excise Jhanjharpur District- Madhubani ====================================================== Jeebachh Kamat @ Jibachh Kamat S/O Hari Lal Kamat R/O Village- Gidrahi Mahadeo Math Ward No. 12, P.S- Andhramath, District- Madhubani. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagandeo Yadav, Advocate Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-02-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in F.I.R. and apprehending his arrest in connection with Jhanjharpur Excise P.S. Case No. 199 of 2024, registered for the offences punishable under Sections 30(a), 32(i) and 32(3) of the Bihar Prohibition and Excise Act (Amendment 2018).

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 1.125 litres of IMFL/country made liquor from motorcycle.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner implicated with present recovery of illicit liquor only for the reason that his motorcycle bearing registration no. BR50Q4340 found carrying illicit liquor. It is submitted that the motorcycle in issue was given to accused, who is none but the

Patna High Court CR. MISC. No. 5928 of 2025(2) dt.15-02-2025 2/2 co-villager of the petitioner in good faith for personal use. It is pointed out that admittedly illicit liquor not appears to be recovered from the physical possession of this petitioner, who is a man of clean antecedent.

5. Learned APP opposes the prayer of bail.

6. Considering the aforesaid facts and circumstances and by taking note of fact as recovery of alleged illicit liquor not appears prima facie to be made from physical possession of this petitioner, who is a man of clean antecedent, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Act, Jhanjharpur, District- Madhubani/concerned Court, where the case is pending in connection with Jhanjharpur Excise P.S. Case No. 199 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the BNSS. (Chandra Shekhar Jha, J) veena/- U T