Ashok Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46533 of 2021 Arising Out of PS. Case No.-56 Year-2021 Thana- PANDAUL District- Madhubani ====================================================== Ashok Kamat S/O Asarfi Kamat R/O Village-Sarisab Pahi, P.S-Pandaul, District-Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-12-2021 Let the defects, if any, be removed within four weeks after complete start of the physical Court.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272/273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

From perusal of the FIR of Pandaul P.S. Case No.56 of 2021; it appears that liquor was recovered from the rooms of Sanskrit Prathmik Vidhyalya and the people there reported that the petitioner and others had brought that liquor. There is no

Patna High Court CR. MISC. No.46533 of 2021(2) dt.20-12-2021 2/3 specific evidence as to who had disclosed the aforesaid fact to the police.

From perusal of the FIR of Pandaul P.S. Case No.55 of 2021 it appears that the people who were apprehended along with liquor on vehicle stated to the police that the petitioner was driver of the vehicle.

Submission is that none of the evidences is admissible in law and there is no other material against the petitioner. Considering the facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Pandaul P.S. Case No. 56 of 2021, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below

Patna High Court CR. MISC. No.46533 of 2021(2) dt.20-12-2021 3/3 shall be at liberty to cancel the bail bond of the petitioner. (c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T