ARUN KAMAT @ ARUN KAMTI v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY Mr.Subhash Kumar Jha, Adv. Mr.Dashrath Mehta, APP. ORAL ORDER 2 14-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks bail in connection with Shaharghat P.S. Case No. 180 of 2022, G.R. No. 1828 of 2022 registered for the offences punishable under Sections 272, 273 of IPC and Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (Amendment Act 2018) As per prosecution case, there is alleged recovery of 270 litre Nepali liquor from the bamboo orchard. Petitioner is not apprehended on spot. Learned counsel for the petitioner submits that petitioner is quite innocent and has committed no offence. It is evident from the FIR itself that the illicit liquor has been recovered from Patna High Court CR. MISC. No.35653 of 2023(2) dt.14-06-2023 the bamboo orchard, which is an open place and accessible to all.

Petitioner is not apprehended on spot. Name of present petitioner has been transpired on the basis of secret information. Nothing was recovered from the conscious possession of the petitioner. Petitioner is in custody since 07.04.2023 and bears one criminal antecedent of similar nature, in which he is on bail. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case, period of custody, petitioner is not apprehended on spot, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail, after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, 2nd cum Special Judge Excise Judge, Madhubani, in connection with Shaharghat P.S. Case No.

180 of 2022, G.R. No. 1828 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application. Patna High Court CR. MISC. No.35653 of 2023(2) dt.14-06-2023 (ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. (Alok Kumar Pandey, J) divyanshi/- U T