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Patna High CourtCR. MISC./25164/2022bail granted

Kamlelsh Kumar Singh v. The State Of Bihar

2022-08-31Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25164 of 2022 Arising Out of PS. Case No.-185 Year-2021 Thana- SANDESH District- Bhojpur ====================================================== Kamlelsh Kumar Singh Son Of Suresh Singh @ Sauresh Singh R/O MohallaFlat No.- Tf-2, Vastu Bihar, Phase-2, Chas, P.S.- Chas, District- Bokaro (Jharkhand) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Naresh Prasad, Advocate For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-08-2022 A supplementary affidavit has been filed of the petitioner which is kept on record.

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

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 472, 473, 471, 468, 467, 420 and 420(B) of the Indian Penal Code and Sections 30(a) and 32(c) of the Bihar Prohibition and Excise Amendment Act, 2016.

It is a case of recovery of spirit from the vehicle Tata 407 bearing registration no.BR-06G-1545 and the apprehended co-accused Vicky Kumar disclosed the name of this petitioner. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.25164 of 2022(2) dt.31-08-2022 2/2 petitioner has falsely been implicated in this case. He further submits that the petitioner has not been apprehended at the spot and he has no concern with the incriminating wine as well as vehicle in question.

However, learned APP for the State opposed the prayer for anticipatory bail of the petitioner. Considering the aforesaid submissions, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge, Court No.II, Ara (Bhojpur) in connection with Sandesh P.S. Case No. 185 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T