Sunil Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70151 of 2024 Arising Out of PS. Case No.-134 Year-2024 Thana- RAJNAGAR District- Madhubani ====================================================== Sunil Kamat, aged about 35 years, Male, S/o Late Hiralal Kamat, R/o Village- Mangrauni Tole, Usrahi Ward No. 14, P.S.- Rajnagar, DistrictMadhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Kusum Rani, Advocate For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 13-12-2024 Heard Ms. Kusum Rani, learned counsel appearing on behalf of the petitioner and Mr. Mr. Narendra Kumar Singh, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Rajnagar P.S.Case No.134 of 2024 registered for the offence punishable under Sections 272 & 273/34 of the Indian Penal Code and Sections 30(a) of the Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, the police seized total 143.64 ltrs. of Nepali illegal liquor from the house of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has

Patna High Court CR. MISC. No.70151 of 2024(2) dt.13-12-2024 2/3 falsely been implicated in the case merely on suspicion. He further submitted that petitioner resides in a joint family where several persons live and petitioner has no connection with the alleged recovered liquor. Similarly situated co-accused has also been granted bail by this Court vide Annexure 2.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties, as well as, the nature of allegation made in the FIR, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge II cum Special Judge Excise Act, Madhubani in connection with Rajnagar P.S.Case No.134 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The learned district court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will

Patna High Court CR. MISC. No.70151 of 2024(2) dt.13-12-2024 3/3 automatically lose its force.

(Purnendu Singh, J) Sanjay/- U T