Vinod Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89605 of 2024 Arising Out of PS. Case No.-319 Year-2024 Thana- LADANIA District- Madhubani ====================================================== Vinod Kamat S/o Ram Vilash Kamat R/o vill - Rajwara, Tirhuta, P.S.- Babubarhi, Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikas Kumar Jha, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Ladaniya P.S. Case No. 319 of 2024 registered for the offences punishable under Sections 274, 275, 317(5), 3(5)of B.N.S and 30(a) of the Bihar Prohibition and Excise Act. .

3. The prosecution case, in short, is that total 450 litres of Nepali sofi wine was recovered from Scorpio and Car.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Petitioner has no knowledge and concern with the alleged recovery. Nothing incriminating has been recovered from the possession of the petitioner. It is submitted that petitioner is the

Patna High Court CR. MISC. No.89605 of 2024(2) dt.10-01-2025 2/2 driver of the seized Scorpio and he has no knowledge regarding the nature of goods kept in the vehicle. The petitioner has two criminal antecedents in which he is on bail. There is no compliance of Section 103 of B.N.S.S.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his 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/- (Rupees Ten Thousand) each 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 Ladaniya P.S. Case No. 319 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T