Patna High CourtCR. MISC./12007/2024bail granted

Udgar Kamat v. The State Of Bihar

2024-02-23Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12007 of 2024 Arising Out of PS. Case No.-386 Year-2023 Thana- BABUBARHI District- Madhubani ====================================================== Udgar Kamat S/O Nathuni Kamat @ Nathni Kamat R/O Village- Chiknotaba, Mahuva, P.S- Ladania, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Babubarhi P.S. Case No.386 of 2023 instituted for the offences punishable under Sections 279, 272, 273, 420, of the IPC and under Section 30(a), 32(1), 32(2), 32(3), 41(1), 41(2) of the Bihar Prohibition & Excise Act, 2018.

3. The prosecution case, in short, is that there is recovery of 448.450 liters of liquor from the Scorpio vehicle.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner next submits that petitioner has been implicated only on the ground of

Patna High Court CR. MISC. No.12007 of 2024(2) dt.23-02-2024 2/2 suspicion and dirty village politics. Learned counsel for the petitioner further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. Learned counsel next submit that petitioner is in custody since 07.12.2023 and has no concern with the illicit liquor.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Considering the entire facts and circumstance of the case and taking into account the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Babubarhi P.S. Case No.386 of 2023.

(Rudra Prakash Mishra, J) Prakash Narayan U T