Kamlesh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.12517 of 2017 (2) dt.24-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12517 of 2017 Arising Out of PS.Case No. -211 Year- 2016 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Kamlesh Kumar, Son of Sri Jagdish Rai, Resident of Village- Sondho Basdev, P.S. Goraul, District- Vaishali.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anirudh Kumar Sinha, Adv. For the Opposite Party/s : Mr. Ramchandra Sahani, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-03-2017 Heard both sides.

The petitioner seeks bail in Pipra Kothi P.S. Case No. 211/2016, registered for the offences punishable under Sections 272, 273, 414, 467, 468, 471, 120B of the Indian Penal Code and Section 30(a) of the Bihar Excise (Amendment) Act, 2016. The police intercepted a truck bearing registration no. HR74-8823 and apprehended Gobind Singh the driver of the truck. The police recovered huge quantity of Indian made foreign liquor. The driver of the truck disclosed the name of 07 persons including the petitioner Kamlesh Kumar and stated that they all are involved in transporting the liquor from Punjab to Bihar. It is submitted that nothing has been recovered from the

Patna High Court Cr.Misc. No.12517 of 2017 (2) dt.24-03-2017 possession of the petitioner. There is no chit of paper showing that the petitioner took any consignment for transportation of Indian made foreign liquor from Punjab to Bihar.

Considering the facts aforesaid and the fact that the name of the petitioner figured in the disclosure made by the driver of the truck, but nothing has been recovered from the possession of the petitioner, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari in connection with Pipra Kothi P.S. Case No. 211/2016. (Prabhat Kumar Jha, J.) Vinita/- U T