Kamlesh Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2802 of 2017 Arising Out of PS.Case No. -199 Year- 2016 Thana -CHAND District- BHABHUA (KAIMUR) ======================================================

1. Kamlesh Singh Son of Late Laxman Singh

2. Santosh singh Son of Late Kapildeo Singh Both are Resident of Village- Mahesua, P.S.-Bhabhua, District-Kaimur (Bhabhua).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Sunil For the Opposite Party/s : Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-02-2017 Heard the parties.

This application has been filed in connection with Chand P.S. Case No.199 of 2016 for the offence under Sections 30(a) of Bihar Prohibition and Excise Act, 2016.

It is submitted on behalf of the petitioners that it is alleged that the petitioners were intercepted by the Police and during the course of checking of the Motorcyle, 09 ltrs. of country-made wine was recovered from the a Box and from the possessions of petitioner no.1, two bottles of English wine was recovered, however, he has clean antecedent and so far petitioner no.2 is concerned, against him, there is a case of the year, 2003, which has been compromised. Both of them are in custody for more than two months.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.2802 of 2017 (2) dt.09-02-2017 2/2 Having heard both sides. In view of the fact that there is no such allegation against them from past and they remained in custody for about two months, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M.-4, Kaimur (Bhabhua) in connection with Chand P.S.Case No.199 of 2016.

With following conditions :

(i) The petitioners shall co-operate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U