Subhash Kamat @ Subhash Kumar Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9421 of 2024 Arising Out of PS. Case No.-514 Year-2022 Thana- JAYNAGAR District- Madhubani ====================================================== Subhash Kamat @ Subhash Kumar Kamat Son of Maheshwar Kamat R/o vill - Simri, P.S. - Bisfi, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Jaynagar P.S Case No. 514 of 2022 registered for the offence punishable under Section 272, 273, 414/34 of the I.P.C and 30 (a) of the Bihar prohibition and Excise Act 2022.

3. As per allegation in the FIR, total 432 litres of Nepali liquor was recovered from a motorcycle of the petitioner.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case.

Patna High Court CR. MISC. No.9421 of 2024(2) dt.17-02-2024 2/3 He further submits that nothing has been recovered from the possession of the petitioner, petitioner has got clean antecedent as stated in para-3 of the petition and he is in judicial custody since 30.12.2022.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge 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 cum Special Judge, Excise Act Madhubani in the connection with Jaynagar P.S Case No. 514 of 2022

7. The trial court is directed to conclude the proceeding of framing of charge according to law a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the chargesheet has not been submitted then the petitioner shall

Patna High Court CR. MISC. No.9421 of 2024(2) dt.17-02-2024 3/3 be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Mayank/- U T