Patna High CourtCR. MISC./25614/2025bail granted

Kamlesh Bhuiyan v. The State Of Bihar

2025-04-29Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25614 of 2025 Arising Out of PS. Case No.-56 Year-2025 Thana- DEV District- Aurangabad ====================================================== Kamlesh Bhuiyan S/o Gouri Bhuiyan, R/o Village- Azad Bigha, P.S.- Deo, District- Aurangabad, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rupa Kumari, Advocate For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-04-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Deo P.S. Case No. 56 of 2025 dated 06.03.2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 81 litres of illicit country made liquor was recovered from the handicapped (tri) rickshaw.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not the owner of

Patna High Court CR. MISC. No.25614 of 2025(2) dt.29-04-2025 2/2 the said handicapped (tri) rickshaw in question and he has no concern with the alleged recovery. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. The petitioner is in custody since 07.03.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judgecum-Exclusive Special Judge, Excise Court-I, Aurangabad, in connection with Deo P.S. Case No. 56 of 2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) Shahnawaz/- U T