Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29556 of 2020 Arising Out of PS. Case No.-351 Year-2019 Thana- BARH District- Patna ====================================================== KAMLESH KUMAR Son of Arjun Ram Resident of Village - Sati Asthan, Uma Nath, P.O.- Barh, District - Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kr Singh No.1 For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 9.5 litres of country made liquor is said to have been recovered near Ganga river. He submits that on information that the petitioner was involved in dealing with the illegal liquor, petitioner has been made accused in this case. He further submits that petitioner bears no criminal antecedent as stated in para-3 of the

Patna High Court CR. MISC. No.29556 of 2020(2) dt.12-01-2021 2/2 bail petition.

Petitioner is agreed to deposit a sum of Rs. 2000.00 (Rupees Two Thousand) in the PM Cares Fund, bearing Account No. 2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID: pmcares@sbi.

Learned APP for the State opposed the prayer for bail.

In the facts and circumstances of the case, the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Barh P.S. Case No. 351 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.2000.00 (Rupees Two Thousand) in the PM Cares Fund. (Anjani Kumar Sharan, J) devendra/- U T