Sulochan Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5911 of 2021 Arising Out of PS. Case No.-177 Year-2020 Thana- LADANIA District- Madhubani ====================================================== Sulochan Kamat, Son of Raj Narayan Kamat, Resident of Village - Aurhi, P.S.- Aurhi, Distt.- Sirha (Nepal), At Present C/o Guleriya Devi, W/o Ram Khelawan Kamat, Village - Donwari, P.S.- Ladaniya, Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 23-06-2021 The matter has been taken up today for consideration through video conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned Counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Ladaniya P.S. Case No.177 of 2020 corresponding to G.R. No.1054 of 2020 registered for the offence punishable under Sections 272 and 273 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.

Patna High Court CR. MISC. No.5911 of 2021(2) dt.23-06-2021 2/3 504 litres Nepali wine has been recovered allegedly from the petitioner.

It is submitted that as per the prosecution case, a group of persons were smuggling the liquor in question. The fact that the petitioner is the sole apprehended accused is therefore indicative of the false implication. Having no criminal antecedents, the petitioner is in jail since 29.08.2020. Recovery is not in accordance with law nor there is any forensic opinion to support that the recovered substance is intoxicant. Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-CumSpecial Judge, (Excise Act), Madhubani, in connection with Ladaniya P.S. Case No.177 of 2020, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as

Patna High Court CR. MISC. No.5911 of 2021(2) dt.23-06-2021 3/3 to how he is related with the petitioner.

The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T