Kamlesh Mehta @ Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12000 of 2022 Arising Out of PS. Case No.-27 Year-2022 Thana- JAMHOR District- Aurangabad ====================================================== 1.

KAMLESH MEHTA @ KAMLESH KUMAR S/o Ramawatar Mehta R/o Village- Yogi Bihga, P.S.- Jamhore, District- Aurangabad. 2.

Deepak Kumar S/o Ranvijay Mehta @ Gaya Mehta R/o Village- Yogi Bihga, P.S.- Jamhore, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Mukul Kumari, Advocate For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-07-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and allegation is of recovery of 25 litres of liquor from a yellow colour plastic box from a place near the bank of river.

Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession, it is next

Patna High Court CR. MISC. No.12000 of 2022(2) dt.15-07-2022 2/2 submitted that the said place of recovery is accessible to public as such it cannot be alleged that it were petitioners who had kept the liquor at the place of occurrence. It is further submitted that the petitioner has been falsely implicated based on secret information.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 2,000/- (Rupees Two Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Jamhore P.S. Case No. 27 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T