Lav Kumar Kamti @ Lav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71382 of 2022 Arising Out of PS. Case No.-195 Year-2020 Thana- SIMRI District- Darbhanga ====================================================== LAV KUMAR KAMTI @ LAV KUMAR Son of Sri Munna Kamti R/vRampurdih, P.S.- Bishanpur, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prachi Pallavi, Adv.

For the Opposite Party/s :

Mr.Meena Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-12Heard the parties through virtual court proceedings. Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 30(a)/41(1) of the Bihar Prohibition and Excise Act, 2016.

Altogether 137.325 litres foreign liquor was recovered from the van. On seeing the police, the accused persons tried to fled away. But one accused person i.e. the driver of the said van was apprehended on the spot.

Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case at the instance of his enemies. His name transpired in this case on the basis that he is the owner of the said mini van. As per the FIR, the driver has disclosed that the minivan belonged to his

Patna High Court CR. MISC. No.71382 of 2022(2) dt.23-12-2022 2/3 friend. The driver borrowed the minivan from the petitioner for legitimate use but without any information to the petitioner, was engaged in transporting illicit liquor. It has been submitted that the petitioner has been made a scapegoat by the driver. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application. Petitioner is agreed to deposit a sum of Rs. 30,000.00/- (Rupees Thirty Thousand) in the Patna High Court Legal Services Committee, Patna bearing Account No.1413010060836, IFSC PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Simri P.S. Case No.195 of 2020, subject to the

Patna High Court CR. MISC. No.71382 of 2022(2) dt.23-12-2022 3/3 condition as laid down under Section 438 (2) of the Cr.P.C, as also the following conditions.

(1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner. (2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 30,000.00/- (Rupees Thirty Thousand) in the Patna High Court Legal Services Committee.

(Anjani Kumar Sharan, J) divyanshi/- U T