Uday Kamat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46454 of 2018 Arising Out of PS.Case No. -104 Year- 2016 Thana -LADANIA District- MADHUBANI ====================================================== Uday Kamat, Son of Uttam Kamat, resident of village - Motnaze, P.S.- Ladaniya, District-Madhubani.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 31-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 47 of the Bihar Prohibition and Excise Act, 2016.
8 litres of country made liquor is said to have been recovered from the possession of Chandradeo Kamat. Petitioner was seen following the said accused who managed to escape seeing the police party.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the Chandradeo Kamat. He
Patna High Court Cr.Misc. No.46454 of 2018 (2) dt.31-07-2018 2/2 has been falsely implicated in the case at the instance of his enemies. He was not apprehended on the spot. Though one more case under Excise Act has been lodged against the petitioner, but he is on bail in the said case. He has been languishing in custody since 25.06.2018.
Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-II cum Special Judge, Excise Act, Madhubani in connection with Ladaniya P.S. Case No. 104 of 2016. (Prakash Chandra Jaiswal, J) Mishra/- U T