Kameshwar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25331 of 2020 Arising Out of PS. Case No.-85 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== KAMESHWAR KUMAR S/o Baldev Prasad Resident of Village-Rupauli Bishunpur, P.S.-Minapur, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ganesh Prasad Singh For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 272, 273 and 414 of I.P.C. and 25(1-b)a, 26, 35 of the Arms Act and Section 30(a) of Bihar Prohibition and Excise Act, 2018.

Prosecution case, in short, is that 6.840 liters liquor

Patna High Court CR. MISC. No.25331 of 2020(2) dt.28-09-2020 2/2 and one country made pistol are recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.06.2020 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 6.840 liters liquor and one country made pistol are recovered from the car. The petitioner has no concern with the car in question. The name of the petitioner has transpired in the present case on confessional statement of co-accused. There is no compliance of Section 100 of Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Muzaffarpur in connection with Minapur P.S. case No.85 of 2020.

(Sudhir Singh, J) Narendra/- U T