Ajay Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38214 of 2018 Arising Out of PS.Case No. -85 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictMADHUBANI ====================================================== Ajay Kamat Son of Uttim Kamat, Village-Matnaje P.S. Ladaniya DistrictMadhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate. For the Opposite Party/s : Mr. Sanjay Kumar Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

127.800 liters foreign liquor is said to have been recovered from the half built house of the petitioner and petitioner was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the seized liquor. The house of the petitioner is under construction having no ceiling or door etc. fixed in the said house. The said house is

Patna High Court Cr.Misc. No.38214 of 2018 (02) dt.29-06-2018 - 2 - not inhabited by the petitioner rather is open and temporarily inhabited by the labourers. Though one more case under the Excise Act has been lodged against the petitioner but he is on bail in the said case. He has been languishing in custody since 12.05.2018. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-cum-Special Judge Excise Act, Madhubani in connection with G.O. Case No. 85 of 2018.

(Prakash Chandra Jaiswal, J) Trivedi/- U T