Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1933 of 2022 Arising Out of PS. Case No.-2 Year-2021 Thana- GHELADH District- Madhepura ====================================================== Kamlesh Kumar Son Of Hira Lal Yadav Resident Of Village- Vishanpur, Ward No. 09, Police Station- Ghailardh, District- Madhepura ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad For the Opposite Party/s :

Mr. Braj Kishore Pd.(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-03-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in connection with Excise Case No.780 of 2021 arising out of Ghailardh P. S. Case No.02 of 2021, instituted for the offences under Section 30(a) of the Excise Act, 2016.

The learned counsel for the petitioner submits that the petitioner is in custody since 04.11.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case.

Allegation is of recovery of 882 litre of liquor from a car.

The learned counsel for the petitioner submits that the petitioner is neither the driver, nor the owner of the car and was

Patna High Court CR. MISC. No.1933 of 2022(2) dt.04-03-2022 2/2 came to be implicated merely he was passing the area when the search was being made and from the F.I.R., it is also reflected that petitioner was caught while fleeing.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody, he is a person with clean antecedent and charge-sheet has been submitted in the case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhepura in connection with Excise Case No.780 of 2021 arising out of Ghailardh P. S. Case No.02 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T