Kamlesh Yadav @ Kamlesh Kumar @ Kamlesh Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23082 of 2021 Arising Out of PS. Case No.-926 Year-2019 Thana- GOVT OFFICIAL COMP. District- East Champaran ====================================================== 1.

Kamlesh Yadav @ Kamlesh Kumar @ Kamlesh Kumar Rai Son of Gajadhar Rai Resident of Village- Amwa, P.S.- Kotwa, District- East Champaran. 2.

Mukesh Yadav S/o Late Surat Rai Resident of Village- Laxmanwa, P.S.- Kotwa, Distt- East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. G.N. Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Excise Case no. 926 of 2019 instituted for the offence under Sections 30(a), 36, 41(i) of the Bihar Excise & Prohibition Act.

Prosecution case relates to recovery of 38 boxes containing 336.960 litres IMFL from an orchard. Learned counsel appearing on behalf of the petitioners

Patna High Court CR. MISC. No.23082 of 2021(2) dt.06-01-2022 2/2 has submitted that petitioners are innocent and have committed no offence. They have got no criminal antecedent. Petitioners have no concern with the alleged recovery orp with the place of occurrence. The alleged orchard belongs to co-accused Anil Ray, who has already been enlarged on bail.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Excise Case no. 926 of 2019, they will be enlarged 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 learned th Additional Sessions Judge-cum-Special Judge, Excise Act, East Champaran at Motihari subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U