Patna High CourtCR. MISC./20639/2023bail granted

Pappu Kamat v. The State Of Bihar

2023-05-10Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20639 of 2023 Arising Out of PS. Case No.-149 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Darbhanga ====================================================== PAPPU KAMAT Son of Brahamdev Kamat Resident of Village-Khojpur, P.S.-Babubarhi, District-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 10-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Excise P.S. Case No. 149 of 2023 dated 30.01.2023 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. The main submissions advanced by learned counsel for the petitioner are that the instant matter relates to the recovery of 225 litres of country made Nepali liquor and the same is stated to have been recovered from a car, which is registered in the name of petitioner's father but in actual, nothing as alleged was recovered from the said vehicle and the police falsely prepared the case against the petitioner, who has

Patna High Court CR. MISC. No.20639 of 2023(2) dt.10-05-2023 2/2 fair and clean antecedent and has been languishing in jail since 31.01.2023 and on the seizure list, there is no signature of the petitioner as well as any independent person, which falsifies the allegation made by the prosecution, which also casts a serious doubt in the recovery of the alleged liquor and moreover, against him the investigation has been completed.

4. Learned APP appearing for the State opposes the bail prayer of the petitioner.

5. Considering the above submissions and mainly the petitioner's fair and clean antecedent and against him, the investigation has been completed, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner namedabove 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 Court concerned in connection with Excise P.S. Case No. 149 of 2023.

(Shailendra Singh, J) annu/- U T