Kamlesh Sah @ Pakhandu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5001 of 2020 Arising Out of PS. Case No.-303 Year-2019 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== KAMLESH SAH @ PAKHANDU SAH Son of Kapil Sah @ Kapil Prasad Resident of Village - Karmnasha Bazar, P.S.- Durgawati, District- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan For the Opposite Party/s :

Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-10-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is apprehending arrest in connection with Durgawati P.S.Case No.303 of 2019 for the offence under Section 30(a) of Bihar Prohibition and Excise (Amendment)Act, 2016.

Learned counsel for the petitioner would submit that the petitioner has clean antecedent.

In the instant case there is total recovery of 33.83 liters of foreign liquor. He further submits that the petitioner has falsely been implicated in this case. He has no concern with the seized liquor.

Considering the aforesaid, the Court is inclined to

Patna High Court CR. MISC. No.5001 of 2020(4) dt.13-10-2020 2/2 grant anticipatory bail to the petitioner, let the petitioner above named be released on bail in the event of arrest or surrender within a period of one month from the date of communication of a copy of this order on furnishing bail bond of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III-cumSpecial Judge, Excise, Kaimur at Bhabua in connection with Durgawati P.S. Case No.303 of 2019, R.No.821 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The petitioner shall deposit of Rs.25,000/- cash in the court below and the amount of Rs.25,000/- deposited by the petitioner shall abide by final outcome of the pending criminal case.

(Anil Kumar Upadhyay, J) B.Kr./- U T