Madan Kumar Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1385 of 2021 Arising Out of PS. Case No.-234 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== Madan Kumar Kamat, Male, aged about 40 years, Son Of Sudeshwar Kamat, Resident of Village - Jarauli, P.S. - Nirmali, District - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baleshwar Kamat, Advocate For the State :

Mr.Humayou Ahmad Khan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-03-2021 Learned counsel for the petitioner is permitted to remove the defects within four weeks.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Excise Case No. 234 of 2020 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Amendment Excise Act, 2018.

Allegation against the petitioner is that 139.875 liters of foreign liquor has been recovered from the Maruti Car. Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner rather 139.875 liters of country made liquor has been recovered

Patna High Court CR. MISC. No.1385 of 2021(2) dt.04-03-2021 2/3 from the Maruti Car. Learned counsel for the petitioner further submits that the owner of the said vehicle has been granted bail by this Co-ordinate Bench of this Court. The petitioner is the driver of the said vehicle. Learned counsel for the petitioner further submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner further submits that the petitioner has got no any criminal antecedent mentioned in paragraph-3 of the bail petition. Learned counsel for the petitioner further submits that the petitioner is in jail custody since 03.09.2020.

Learned A.P.P. for the State opposed the bail petition. Petitioner is agreed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID: pmcares@sbi.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II, Gopalganj in connection with Excise Case No. 234 of 2020.

Patna High Court CR. MISC. No.1385 of 2021(2) dt.04-03-2021 3/3 The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.10,000/- (Rupees Ten Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) Nasimul/- U T