Patna High CourtCR. MISC./31226/2024bail granted

Vinod Kamat v. The State Of Bihar

2024-04-24Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31226 of 2024 Arising Out of PS. Case No.-415 Year-2023 Thana- BABUBARHI District- Madhubani ====================================================== Vinod Kamat S/o Rambilash Kamat R/o vill - Tirhuta, P.S. - Babubarhi, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-04-2024

1. 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. 415 of 2023 instituted for the offences punishable under Sections 272, 273, 467, 468, 34 of the Indian Penal Code and 30(a) and 41 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 352.5 litres of liquor was recovered from Bolero and Scorpio.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The name of the petitioner has transpired in this case on the basis of disclosure made by the local chowkidar. No incriminating

Patna High Court CR. MISC. No.31226 of 2024(2) dt.24-04-2024 2/2 article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner is neither the owner nor the driver of the vehicle. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 04.03.2024 and has one criminal antecedent. There is no compliance of Section 100 of the Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Babubarhi P.S. Case No. 415 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T