Naresh Kumar Kamat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69411 of 2022 Arising Out of PS. Case No.-227 Year-2022 Thana- JAYNAGAR District- Madhubani ====================================================== Naresh Kumar Kamat S/o Suraydeo Kamat Resident of village- Parwa, Ward no.- 9, P.S.- Jaynagar, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subhash Kumar Jha For the Opposite Party/s :
Mr. Kanhaiya Kishore(App100) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 04-02-2023 Heard Ld. counsel for the petitioner and Ld. APP for the State.
The petitioner seeks bail in connection with Jaynagar P.S. Case No.227 of 2022 corresponding G.R. No. 1218 of 2022, registered for the offences punishable under Sections 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
As per allegation, 927 liters of liquor and six motorcycles have been recovered.
Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that nothing has been recovered
2/4 from the conscious possession of the petitioner. He also submits that the petitioner was never engaged either in consuming or in sale of liquor.
He further submits that the petitioner has been languishing in jail since 18.07.2022.
It has also been stated in paragraph no. 3 of the bail petition that the petitioner has earlier been made accused in two other cases and he is on bail in both the cases.
It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the present matter.
However, Ld. APP for the State vehemently opposes the prayer of the petitioner for bail. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, abovenamed, to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Additional
3/4 Sessions Judge 2nd cum Special Judge, Excise Act, Madhubani in connection with Jaynagar P.S. Case No.227 of 2022 corresponding G.R. No. 1218 of 2022 on the following conditions:
(i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite
4/4 his knowledge of the same.
(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner.
(vi) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail bond will be cancelled by the court below.
Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.
(Jitendra Kumar, J) chandan/- U T