Kamlesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29442 of 2021 Arising Out of PS. Case No.-315 Year-2020 Thana- BIHIA District- Bhojpur ====================================================== KAMLESH KUMAR YADAV Son of Rajdeo Yadav Resident of Village - Lahang Dumaria, P.S.- Bihiya, Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Govind Mishra, Adv.

For the Opposite Party/s :

Mr.Anil Kumar Singh No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-10-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Jagdishpur P.S. Case No.315 of 2020, Excise Case No.1903 of 2020 registered for the offences punishable under Section 30(A) of the Bihar Prohibition and Excise Act, 2016. He is in custody since 07.12.2020. The petitioner has got no criminal antecedent.

Learned counsel for the petitioner submits that as per the prosecution story 220 liters of illicit liquor was recovered from a tempo which was driven by this petitioner.

Patna High Court CR. MISC. No.29442 of 2021(2) dt.28-10-2021 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel submits that the petitioner is a driver of the vehicle in question from which the alleged recovery was made. He submits that there is no recovery from the conscious possession of the petitioner and he is languishing in jail in connection with this case since 07.12.2020 having no criminal antecedent.

Learned APP for the State is present and has opposed the prayer for regular bail of the petitioner. Having regard to the facts and circumstances of the case wherein 220 liters of illicit liquor was recovered from a tempo of which the petitioner is a driver, the petitioner has no criminal antecedent, he is in custody in connection with this case since 07.12.2020, investigation against him is complete but the trial is not likely to take place in near future, this Court directs that the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions Judge-cumSpecial Judge, Excise, Bhojpur, Ara in connection with Jagdishpur P.S. Case No.315 of 2020, Excise Case

Patna High Court CR. MISC. No.29442 of 2021(2) dt.28-10-2021 3/3 No.1903/2020, subject to the condition as laid down under Section 437 (3) Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.