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Patna High CourtCR. MISC./6948/2025bail granted

Gopal Kamat @ Ram Gopal Kamat v. The State Of Bihar

2025-02-19Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6948 of 2025 Arising Out of PS. Case No.-93 Year-2024 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== Gopal Kamat @ Ram Gopal Kamat S/O Utam Kamat @ Uttam Lal Kamat R/O Village- Kachhua, P.S.- Lakhnaur, District- Madhubani. At present residing at at Room No.- 60, Sagar Nagar, Dr. Bhagwan Das Indrajit Road, Banganga Talav, Walkeshwar , Mumbai-400006 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s :

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-02-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Bhairavsthan P.S. Case No. 93 of 2024, lodged on 01.09.2024, under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

Patna High Court CR. MISC. No.6948 of 2025(2) dt.19-02-2025 2/3

3. As per the prosecution, total recovery of 83.25 liters of foreign liquor from Swift Dzire vehicle has been the subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel specifically pleaded that petitioner has been made accused only due to the reason that the said recovery has been made from his vehicle which he has given to his driver to drop his mother to hospital and petitioner was completely unaware about this event. Counsel further submits that antecedent of the petitioner is clean and he is ready to fulfill all the conditions whatsoever shall be imposed upon him.

5. Learned APP for the State opposes the prayer for bail of the petitioner but submits that antecedent of the petitioner is clean.

6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS,

Patna High Court CR. MISC. No.6948 of 2025(2) dt.19-02-2025 3/3 2023 to the satisfaction of Special Judge, Excise Act, Jhanjharpur, Madhubani, in connection with Bhairavsthan P.S. Case No. 93 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

(Dr. Anshuman, J) Mkr./- U T