Ajit Kamti @ Ajeet Kmati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43649 of 2021 Arising Out of PS. Case No.-221 Year-2020 Thana- ROSERA District- Samastipur ====================================================== AJIT KAMTI @ AJEET KMATI S/O LALAN KAMTI RESIDENT OF VILLAGE-GAYAGHAT, POLICE STATION-ROSERA, DISTRICTSAMASTIPUR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Singh, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-12-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Rosera P.S. Case No. 221 of 2020 for the offence registered under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 540 litres of illicit liquor from a Bolero pick up vehicle. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 26.04.2021. The learned counsel for the petitioner has further submitted by referring to paragraph-11 of the present petition that the petitioner is neither the owner nor the driver nor the cleaner of the said vehicle and he has been falsely implicated in the present case.

Patna High Court CR. MISC. No.43649 of 2021(2) dt.15-12-2021 2/2 Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner is neither the owner nor the driver nor the cleaner of the vehicle in question and moreover no illicit liquor has been recovered either from his conscious possession or from his vehicle or from his house, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released 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 Additional Session Judge-IInd-cum-Special Judge, Excise Act, Samastipur in connection with Rosera P.S. Case No. 221 of 2020.

(Mohit Kumar Shah, J) S.Sb/- U T