Kamal Kishor Kamat And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14209 of 2018 Arising Out of PS.Case No. -1034 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictSUPAUL ======================================================

1. Kamal Kishor Kamat, Son of Gopal Kamat, Resident of Muhalla- Koshi Road, Supaul, P.S. and District- Supaul.

2. Vikash Kumar Kamat @ Vikash Kumar, Son of Jagdish Kamat, Resident of Muhalla- Supaul, Nagar, Parishad (ward no. 11), P.S. and District- Supaul.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Arun Kumar Jha, Advocate. For the Opposite Party : Mr. Ganesh Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-03-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 92 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been

Patna High Court Cr.Misc. No.14209 of 2018 (3) dt.28-03-2018 2/2 implicated in the present case. It is alleged that total 92 liters wine is recovered by the side of road in abandoned state. The name of the petitioners has come merely on the basis of suspicion. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr. P.C. On behalf of the State, it is submitted that the petitioners are named in the F.I.R/ Complaint Case.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Supaul, in connection with Misc. Excise No.1034 of 2017, arising out of P.R. No. 72/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T