Kamlesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 60630 of 2018 Arising Out of PS. Case No.-88 Year-2018 Thana- Agiaon Bazar District- Bhojpur ====================================================== Kamlesh Singh S/o Sharda Singh, R/o Village + P.S.- Agiaon Bazar , DistrictBhojpur (Ara). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Prawesh Kumar For the Opposite Party/s :
Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.
08-10-2018 Heard Sri Ram Prawesh Kumar, learned counsel for the petitioner and Sri Uday Pratap Singh, learned Addl. Public Prosecutor.
The sole petitioner, apprehending his arrest in Excise Case No. 1281 of 2018, arising out of Agiaon Bazar P.S. Case No. 88 of 2018 registered for offence under Sections 30(a), 38 of Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender. At the very outset, learned counsel for the petitioner has drawn my attention to statement made in paragraph - 3 of the petition to show that petitioner is having clean antecedent. He further submits that petitioner in the present case has falsely been made accused on an accusation of recovery of 4.5 liter of Indian make foreign liquor from his house, whereas, no such
Patna High Court Cr.Misc. No.60630 of 2018(3) dt.08-10-2018 2/2 recovery was made and this is the reason that seizure list was prepared in contravention of provision contained in Section 100 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'). Be that as it may, considering the fact that petitioner is having clean antecedent as well as recovery of meager amount of liquor, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Kamlesh Singh be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bhojpur at Ara in connection with Agiaon Bazar P.S. Case No. 88 of 2018 giving rise to Excise Case No. 1281 of 2018, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Rakesh Kumar, J.) anay U T