Maharaj Kamat @ Maharaja Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 60286 of 2018 Arising Out of PS. Case No.-229 Year-2018 Thana- Supaul District- Supaul ====================================================== Maharaj Kamat @ Maharaja Kamat, son of late Bindeshwari Kamat, resident of Muhalla- Supaul Nagar Parisad (ward No. -11) old Durga Mandir, P.S. and District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Jha For the Opposite Party/s :

Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 28-09-2018 Heard Sri Arun Kumar Jha, learned counsel for the petitioner and Smt. Rita Verma, learned Addl. Public Prosecutor. The sole petitioner, having clean antecedent, which fact has been stated in paragraph-3 of the petition, apprehending his arrest in S.T. Excise no. 325 of 2018 (arising out of Supaul P.S. Case No. 229 of 2018) registered for offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

It was submitted by learned counsel for the petitioner that nothing was recovered from conscious possession of the petitioner, however he was arrayed as accused, as if, after noticing the police party, he throwing a bag along with others

Patna High Court Cr.Misc. No.60286 of 2018(2) dt.28-09-2018 2/2 fled away and from the said bag, about 8 litres of Indian make foreign liquor was shown to be recovered.

Learned Addl. Public Prosecutor has opposed the prayer for bail.

However, considering the nature of accusation and clean antecedent, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Maharaj Kamat @ Maharaja Kamat 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 learned Addl. Sessions Judge II-cum-Special Judge (Excise), Supaul in connection with S.T. Excise no. 325 of 2018, arising out of Supaul P.S. Case No. 229 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) anay U T