Kamlesh Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.64912 of 2018 Arising Out of PS. Case No.-289 Year-2018 Thana- WAJIRGANJ District- Gaya ======================================================
1. Kamlesh Kumar, son of Ram Kewal Prasad,l Resident of Village - Brindavan, P.S. - Fatehpur, District - Gaya.
2. Munna Yadav, Son of Basudeo Yadav, Resident of Village - Parsatari, P.S. - Chauparan, District - Hazaribagh.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prithivi Raj Singh For the Opposite Party/s :
Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-11-2018 The petitioners seek regular bail in connection with Wazirganj P.S. Case No. 289/2018 for the offences punishable under Sections 272 and 273 of the Indian Penal Cod and Section 30(a) (d) of the Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of 130 litres of country made liquor from the vehicle of the petitioners and they were arrested while fleeing away.
It has been submitted on behalf of the petitioners that they are neither driver nor owner of the vehicle and they have falsely been made accused and in fact nothing has been recovered from the conscious possession of the petitioner. Further petitioners have no criminal antecedent and they have
Patna High Court Cr.Misc. No.64912 of 2018(2) dt.05-11-2018 2/2 been in judicial custody since 11.09.2018.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Gaya, in connection with Wazirganj P.S. Case No. 289/2018.
It is made clear that if the petitioners again found involved in any of the like offences, in future, prosecution will be free to move for cancellation of their bail bonds (Vinod Kumar Sinha, J) sunilkumar/- U T