Kamlesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26751 of 2019 Arising Out of PS. Case No.-39 Year-2019 Thana- DAUDPUR District- Saran ====================================================== KAMLESH KUMAR SINGH, S/o Parmanand Singh, R/o Village- Jhakhra, P.S.- Manjhi, District- Saran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Bishwajeet Singh with Mr. Kundan Kr. Singh For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-07-2019 Petitioner seeks bail in anticipation of his arrest in connection with Daudpur P.S. Case No. 39 of 2019 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 216 litres of foreign liquor from Bolero vehicle of the petitioner. Submission of learned counsel for the petitioner is that he was not present at the time of occurrence, rather vehicle was given to the driver and he has no knowledge about the same.

Heard learned APP also, who has opposed the prayer for anticipatory bail stating that huge quantity of liquor was seized from the vehicle of the petitioner and for that he has not

Patna High Court CR. MISC. No.26751 of 2019(4) dt.08-07-2019 2/2 given any explanation and the same is also an offence under the provisions of Bihar Prohibition and Excise Act, 2016.

In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. However, if petitioner surrenders and prays for regular bail, the same shall be considered on the basis of materials available on the record and, if possible, to be disposed of on the same day.

With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T