Umesh Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67048 of 2025 Arising Out of PS. Case No.-83 Year-2025 Thana- LAKHNAUR District- Madhubani ====================================================== Umesh Kamat son of Yogendra Kamat @ Yogendra Kamati Resident of Village- Sarvseema Ward No.15 Police Station- Bahadurpur District -Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the allegation in the FIR, total 129.600 litres of foreign liquor has been recovered from a Scorpio bearing Registration No. BR-07-BA-5092.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that petitioner was arrested on the spot and the said recovery has not been made from the conscious possession of the petitioner. He further submits that there is no independent

Patna High Court CR. MISC. No.67048 of 2025(2) dt.24-09-2025 2/2 eye witness of the seizure list. He next submits that petitioner is in judicial custody since 02.08.2025 and has got nine criminal antecedent as stated in para-3 of the bail petition.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. Considering the above facts and circumstances of the case, submission of learned counsel for the petitioner, let the above named petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise) Act, Jhanjharpur, District-Madhubani in connection with Lakhnaur P.S. Case No. 83 of 2025 with a condition that the petitioner shall remain physically present on each and every date fixed by the learned Trial Court till conclusion of the trial and if the petitioner did not appear on any date fixed by the Trial Court, then the learned Trial Court shall cancel the bail bonds of the petitioner.

(Ramesh Chand Malviya, J) Harshita/- U T