Kamlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10923 of 2019 Arising Out of PS. Case No.-162 Year-2018 Thana- DARAUNDA District- Siwan ====================================================== Kamlesh Yadav Son of Ganesh Yadav Resident of Village- Balbangra, Police Station- Darawda, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghav Prasad For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-02-2019 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks regular bail in connection with Daraunda PS case no. 162 of 2018 registered for the offence punishable under Sections 414 and other sections of Indian Penal Code and 30(a)/ 38 of Bihar Excise and Prohibition Act, 2016.

The allegation is regarding recovery of huge quantity of illicit liquor from a Bolero vehicle and the petitioner is said to have been caught while he was fleeing away. It is further alleged that the said vehicle was parked in front of the house of one Mukesh Yadav.

The learned counsel for the petitioner, referring to para 7 of the petition, has submitted that neither the petitioner

Patna High Court Cr.Misc. No.10923 of 2019(2) dt.22-02-2019 2/2 is the owner of the said vehicle nor he has any concern with the illicit liquor. It is further submitted that the petitioner has been falsely implicated in the present case on account of his bad antecedent. It is further submitted that no recovery has been made from the conscious possession of the petitioner and the petitioner is languishing in custody since 25.10.2018. Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the abovenamed petitioner is directed to be enlarged on regular bail 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-II-cum-Special Judge, Excise, Siwan in connection with Daraunda PS case no. 162 of 2018.

(Mohit Kumar Shah, J) rinkee/- U T