Kamlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11148 of 2019 Arising Out of PS. Case No.-214 Year-2018 Thana- NAUTAN District- Siwan ====================================================== KAMLESH YADAV, aged about 27 years, Gender-Male, Son of Chhabila Yadav, Resident of Village-Pachlakhi, P.S.-Nautan, District-Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-02-2019 Heard both sides.

The petitioner apprehends his arrest in Nautan P.S. Case No.214 of 2018 registered under Sections 272, 273, 308 and 34 of the Indian Penal Code and under Sections 30(A), 38(A) and 41(1) of Bihar Prohibition and Excise Act. The informant alleged that the petitioner used to supply liquor to Ishaak Nut and Ishaak Nut used to sell the same from his house. On such information, 45 liters of country made liquor is said to have been recovered from a field situated in front of the field of Ishaak Nut. Ishaak Nut was apprehended and he also disclosed that Kamlesh Yadav had supplied the liquor to him which was kept concealed in the field but save and except the confession of Ishaak Nut, investigating officer did not collect any further material to show that the petitioner

Patna High Court Cr.Misc. No.11148 of 2019(2) dt.25-02-2019 2/2 brought the liquor and handed over the same to Ishaak Nut nor any liquor was recovered from the house of the petitioner. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Siwan in connection with Nautan P.S. Case No.214 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T