Raghunath Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11912 of 2018 Arising Out of PS.Case No. -1061 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictSUPAUL ====================================================== Raghunath Kamat, Son of Late Shyam Sunder Kamat, Resident of Supaul Nagar Parishad, Ward No. 26, Police Station & District- Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks anticipatory bail in connection with Misc Excise Case No. 1061, P.R. No. 76 of 2017 registered for the offences punishable under Sections 30(A) of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 32.175 liters of illicit liquor from a heap of garbage situated out side the premises of the petitioner herein.

The learned counsel for the petitioner submits that no recovery has been made from the conscious possession of the petitioner and the petitioner is having a fair antecedent. Considering the nature of accusation levelled against

Patna High Court Cr.Misc. No.11912 of 2018 (2) dt.27-02-2018 2/2 the petitioner herein as also the fact that prima facie no case is made out under the provisions of the Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail.

Accordingly, in the event of arrest or surrender before the concerned court within a period of six weeks from the date of receipt/production of a copy of the present order, the petitioner above named is directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J. II, Supaul in connection with Misc Excise Case No. 1061, P.R. 76 of 2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) BTiwary/- U T