Raushan Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10605 of 2025 Arising Out of PS. Case No.-43 Year-2024 Thana- BENIPATTI District- Madhubani ====================================================== Raushan Kamat, Male, aged about 30 years, S/o- Rajendra Kamat, R/oTisiyahi, P.S.- Benipatti, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Benipatti PS Case No.43 of 2024 dated 2302.2024, instituted under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. The allegation is of recovery of 72 litres Nepali liquor from Babagachi situated in village Tisiyahi.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Further submission is that nothing has been recovered from the conscious possession of the petitioner. The petitioner was not arrested at the spot. The petitioner has been made made accused only on the basis of disclosure made by the local people

Patna High Court CR. MISC. No.10605 of 2025(2) dt.19-03-2025 2/3 of the area. Lastly, it is submitted that the petitioner has criminal antecedents of two cases of similar nature.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge-II cum Special Judge, Excise Act, Madhubani, in Benipatti PS Case No.

Patna High Court CR. MISC. No.10605 of 2025(2) dt.19-03-2025 3/3 court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, and (iv) that if the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T