Vishnu Kamat @ Vishnu Dayal Kamat @ Vishun Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37353 of 2025 Arising Out of PS. Case No.-255 Year-2024 Thana- BABUBARHI District- Madhubani ====================================================== Vishnu Kamat @ Vishnu Dayal Kamat @ Vishun Kamat S/O Bachche Lal Kamat Resident of Village- Monthaje, P.S.- Ladaniya, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Babubarhi P.S. Case No. 255 of 2024 corresponding to G.R. No. 815/2024, dated 06.06.2024 registered for the offences punishable u/ss 272, 273, 411 read with Section 34 of the Indian Penal Code and u/ss 30(a) and 41 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 450 litres of illicit Nepali country made liquor was recovered from the car.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has sprung up in the

Patna High Court CR. MISC. No.37353 of 2025(2) dt.10-07-2025 2/2 confessional statement of the co-accused, Kapil Kamat. The petitioner is not the owner of the seized vehicle and he has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted regular bail by this court vide order dated 05.08.2024 passed in Cr. Misc. No. 55469/2024. The petitioner has two criminal antecedents in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 25.03.2025.

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

6. 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 Babubarhi P.S. Case No. 255 of 2024 corresponding to G.R. No. 815/2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T