Ram Kishor Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12484 of 2021 Arising Out of PS. Case No.-247 Year-2020 Thana- DAGARUA District- Purnia ====================================================== RAM KISHOR KAMAT SON OF LATE JAY NARAYAN KAMAT RESIDENT OF VILLAGE - NAVTOLI WARD NO. 14, P.S. KHUTAUNA, DISTT.- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar, Adv.

For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 272 and 272 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, liquor was recovered from the truck and two accused persons including the petitioner herein was taken into custody.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his personal possession. He has no concern either with the truck or with the liquor recovered. He is in custody since 31.12.2020 and

Patna High Court CR. MISC. No.12484 of 2021(3) dt.06-09-2021 2/2 has no criminal antecedent. Investigation in the case has concluded.

Heard learned A.P.P. for the State.

A report was called for with respect to the antecedent of the petitioner. As per the report received contained in letter dated 24.8.2021 from the Superintendent of Police, Purnea, the petitioner has no criminal antecedent.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner not having any criminal antecedent and being in custody for more than 8 months, the Court directs the petitioner to be enlarged on bail in connection with Special Excise Case no.643 of 2020 (arising out of Dagarua P.S. Case no.247 of 2020) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Purnea. (Partha Sarthy, J) Saurabh/- U T