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Patna High CourtCR. MISC./27611/2019allowed

Kamal Kumar v. The State Of Bihar

2019-04-26Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27611 of 2019 Arising Out of PS. Case No.-22 Year-2019 Thana- GOPALPUR District- Gopalganj ====================================================== KAMAL KUMAR Son of Alakh Sah @ Alakhdev Sah, Resident of VillageBanakata, P.S-Gopalpur, District-Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey For the Opposite Party/s :

Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 26-04-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Gopalpur P.S. Case No. 22 of 2019 registered under Sections 272, 273 of the Indian Penal Code and section 30(a) of the Bihar Excise and Prohibition Act, 2016.

Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Further submission is that it appears from the F.I.R. itself that on the disclosure made by the police spy, the petitioner has been named, but petitioner has no concern with the alleged recovery, which was found in the abandoned car and the car does not belong to the petitioner. The seizure list shows that nothing has been recovered from the

Patna High Court CR. MISC. No.27611 of 2019(2) dt.26-04-2019 2/2 possession of this petitioner.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cum-Special Judge, Excise Act, Gopalganj in connection with Gopalpur P.S. Case No. 22 of 2019, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) shailendra/- U T