Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7376 of 2017 Arising Out of PS.Case No. -4 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictNALANDA (BIHARSHARIFF) ====================================================== Kamlesh Kumar, son of Ashok Rajak, resident of Village- Devisarai, P.S.- Deepnagar, District- Nalanda.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 10-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Case No.4 C 3 Excise/2017 registered under Sections 30(a) and 37(b) of the Bihar Prohibition and Excise Act.

The accusation is that two persons were seen near Panchayat Bhawan in suspicious condition. On seeing the police party while they started to flee away but out of them, one was apprehended by the police, who disclosed his name as Kamlesh Kumar (petitioner) and, on search, 205 pouches, each containing 200 ml. country made liquor, and 16 bottles, each containing 750 ml. Indian Made Foreign Liquor, were recovered from his

Patna High Court Cr.Misc. No.7376 of 2017 (2) dt.10-03-2017 2/2 possession.

Learned counsel appearing on behalf of the petitioner submits that, in fact, the petitioner was going for his personal work passing over Panchayat Bhawan and, at that time, the petitioner was apprehended by the police on mere suspicion. Further submission is that the petitioner having no criminal antecedent is in custody since 09.01.2017.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to 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 Sri Manvendra Mishra, Judiical Magistrate, First Class, Nalanda at Biharsharif, in connection with Case No.4 C 3 Excise/2017. (Rajendra Kumar Mishra, J) P.S./- U T