Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8126 of 2024 Arising Out of PS. Case No.-491 Year-2023 Thana- GAIGHAT District- Muzaffarpur ====================================================== 1.

Kamlesh Kumar, Male, aged about 25 years, S/o Umesh Rai R/o Vill - Susta Tok, P.S. - Gaighat (Benibad O.P.), Dist. - Muzaffarpur 2.

KHALASI @ AMIT KUMAR @ AMIT KUMAR, Male, aged about 21 years, S/o Prabhu Rai R/o Vill - Kalyan Nagar @ Kalyan Nagar Tola, P.S. - Piyar (Hattha O.P.), Dist. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-03-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioners seek bail in connection with Gaighat P.S. Case No.491 of 2023 registered for the offence under Sections 30(a), 36 and 41(1) of the Bihar Prohibition and Excise Act.

3.

As per FIR, there is recovery of 1661.040 litre of illicit liquor from a truck bearing registration no. DL1LX8218.

4.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners have falsely been implicated in the present case. It is submitted that recovery of

Patna High Court CR. MISC. No.8126 of 2024(3) dt.20-03-2024 2/3 alleged illicit liquor was not made from conscious physical possession of the petitioner rather the same was recovered from a truck. It is further submitted that the petitioner has no concern with the alleged recovery of illicit liquor as well as vehicle in question. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 22.12.2023. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioners. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioners, let both the petitioners, above named, are directed to be released on bail, after framing of the charge, in connection with Gaighat P.S. Case No.491 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.3, Muzaffarpur.

7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioners shall be released on bail on furnishing bail bond with further

Patna High Court CR. MISC. No.8126 of 2024(3) dt.20-03-2024 3/3 condition that the petitioners have to present physically on each and every date before the Trial Court till conclusion of trial and if the petitioners would absent for two consecutive dates without any cogent reason, the bail bonds of the petitioners shall be cancelled by the learned trial court itself.

(Ramesh Chand Malviya, J) S.Katyayan/- U T