Suraj Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34932 of 2023 Arising Out of PS. Case No.-89 Year-2023 Thana- BASOPATTI District- Madhubani ====================================================== SURAJ KAMAT SON OF ASHRFI KAMAT RESIDENT OF VILLAGEJHITKOHIYA, PS- BASOPATTI, DISTT- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar Sah For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Basopatti P.S. Case No. 89 of 2023 (G.R. No. 620 of 2023) dated 19.04.2023 registered for the offences punishable u/s 272, 273, 353 read with section 34 of the I.P.C. and 30(a) , 45 of the Bihar Prohibition and Excise Act.

As per the prosecution case, total 108 liters of illicit liquor was recovered from the bag of the petitioner who was

Patna High Court CR. MISC. No.34932 of 2023(2) dt.25-05-2023 2/2 boarded on the motorcycle.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Learned counsel has submitted that the petitioner has no concern with the alleged recovery. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 20.04.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani in connection with Basopatti P.S. Case No. 89 of 2023 (G.R. No. 620 of 2023).

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U