Patna High CourtCR. MISC./50318/2024bail rejected

Ajay Kamat @ Bhola Kamat v. The State Of Bihar

2024-12-06Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50318 of 2024 Arising Out of PS. Case No.-120 Year-2024 Thana- LADANIA District- Madhubani ====================================================== Ajay Kamat @ Bhola Kamat S/o Shibu @ Shiv Kumar Kamat R/o vill - Gajhara Nowtoli, P.S. - Ladania, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Soban Asghar, Advocate For the Opposite Party/s :

Mrs. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-12-2024 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Ladani P.S. Case No. 120 of 2024 for the offence under Sections 272, 273 and 34 of the Indian Penal Code and Sections 30(a) of the Bihar Prohibition and Excise Act lodged on 28.04.2024 by the informant, Shravan Kumar Yadav.

3. As per the prosecution story, the informant alleged that upon secret information that the liquor is being smuggled in one Car, intercepted the same but the accused managed to escape. The local chowkidar gave the name of the petitioner and upon search, total 630 liters of liquor has been recovered. Accordingly the FIR.

4. Learned counsel for the petitioner submits that he was not present in the vehicle from which the alleged

Patna High Court CR. MISC. No.50318 of 2024(3) dt.06-12-2024 2/2 recovery/seizure has been made but was moving on a motorcycle and gets implicated on the ground that he was serving as a liner.

5. Learned APP opposes the prayer submitting that he has six criminal antecedents of the same nature and on the same ground, in Cr. Misc. No. 48167 of 2024 (Kishore Pal vs The State of Bihar) the relief was declined.

6. Considering the aforesaid submissions as also the fact of the case, it would be appropriate that the petitioner surrenders and seeks bail.

7. The present anticipatory bail application stands rejected.

8. In case, the petitioner surrenders and seeks bail in next four weeks, the Court concerned shall take into account the points raised by the petitioner and shall ensure that the same is disposed of on the same day.

(Rajiv Roy, J) Adnan/- U T