Patna High CourtCR. MISC./15496/2022bail granted

Kamlesh Kumar @ Bali v. The State Of Bihar

2022-08-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15496 of 2022 Arising Out of PS. Case No.-397 Year-2021 Thana- UJIYARPUR District- Samastipur ====================================================== 1.

Kamlesh Kumar @ Bali S/O Anil Kumar Mehta Resident Of VillageParoriya, Police Station- Ujiyarpur, District- Samstipur. 2.

Amresh Kumar @ Sugo S/O Anil Kumar Mehta Resident Of VillageParoriya, Police Station- Ujiyarpur, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 1200.6 litres of Indian made foreign liquor from the house of co-accused Sushant Kumar. He confessed before the police that the seized liquor was brought by the petitioners who happen to be his cousin.

It is submitted by learned counsel for the petitioners that petitioners were not apprehended from

Patna High Court CR. MISC. No.15496 of 2022(2) dt.12-08-2022 2/2 the spot. Nothing has been recovered from the conscious possession of the petitioners. The petitioners and apprehended accused were on inimical term from before, he has falsely implicated the petitioners in the present case. The petitioners have no concern with the seized liquor.

In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Special Excise Court-I, Samastipur in connection with Ujiyarpur P.S. Case No. 397 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T