Mukesh Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16314 of 2023 Arising Out of PS. Case No.-15 Year-2023 Thana- DARIYAPUR District- Saran ====================================================== MUKESH KAMAT S/O- YUGESHWAR KAMAT Village- Salempur PsPandol Dist- Madhubani, At Present Resident- Rajeev Nagar Road No-14, PsRajiv Nagar Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rahul Kumar For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Section 420 and 120B of the Indian Penal Code and Section 30(a), 41(1)(2) of the Bihar Prohibition and Excise Act.

As per prosecution case, there has been recovery of 188.37 liters of illegal English liquor from a Car, Bearing No. WB06J-0391 and petitioner is the owner of the said vehicle. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.16314 of 2023(2) dt.29-04-2023 2/3 that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has apprehended on spot. He submitted that the petitioner has no concern with the seized liquor. Nothing incriminating article has been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 15.01.2023. The application for bail is opposed by learned APP for the State.

The petitioner is directed to deposit Rs. 10,000/- (Ten thousand) in the account of concerned DLSA.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-II-cum-Spl. Excise Judge-I, Saran at Chapra in connection with Dariyapur P.S. Case No. 15 of 2023.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.

Patna High Court CR. MISC. No.16314 of 2023(2) dt.29-04-2023 3/3 10,000/- (Ten thousand) by the petitioner in the account of concerned DLSA.

(Sunil Kumar Panwar, J) arish/- U