Manoj Kumar Kamat @ Lalbabu Kamat @Manoj Kamat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85610 of 2023 Arising Out of PS. Case No.-151 Year-2023 Thana- RAJNAGAR District- Madhubani ====================================================== Manoj Kumar Kamat @ Lalbabu Kamat @Manoj Kamat son of Harilal Kamat Resident Of Village - Pilakhwar, Ps- Rajnagar, Dist- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhavesh Sah For the Opposite Party/s :
Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
3. Prosecution case relates to recovery of total 225 liters of illicit liquor from the bush and a car.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner was not apprehended on spot and nothing has been recovered from his conscious possession. He has no concern with the seized liquor. Similarly situated other co-accused persons have already been
Patna High Court CR. MISC. No.85610 of 2023(2) dt.11-01-2024 2/2 granted bail by another co-ordinate Benches of this Court vide order dated 01.12.2023 in Cr. Misc. No. 76636 of 2023 and order dated 19.10.2023 in Cr. Misc. No. 67917 of 2023. Moreover, the petitioner is languishing in judicial custody since 31.10.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rajnagar P.S. Case No. 151 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge cum Special Judge Excise Act, Madhubani.
(Sunil Kumar Panwar, J) Shubham/- U T