Patna High CourtCR. MISC./33483/2024bail granted

Kamlesh Kumar v. The State Of Bihar

2024-05-01Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33483 of 2024 Arising Out of PS. Case No.-44 Year-2024 Thana- TANKUPPA District- Gaya ====================================================== Kamlesh Kumar Son of Saryu Yadav Resident of Village- Simariya Tola Niwadih , P.S- Fatehpur, Dist- Gaya ... ... Petitioner/s

Versus

The State Of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brijmohan Das For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-05-2024 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 Tankuppa P.S. Case No. 44 of 2024 dated 31.03.2024, registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act and u/ss 467, 468, 471, 414, 420 of the Indian Penal Code.

3. As per the prosecution case, total 100 litres of illicit country made liquor was recovered from the Splendor motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in

Patna High Court CR. MISC. No.33483 of 2024(2) dt.01-05-2024 2/2 para 3 of the bail petition. The petitioner is not the owner of the seized motorcycle rather he is the driver of the motorcycle. The petitioner has no concern with the alleged recovery. The petitioner is in custody since 01.04.2024.

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 abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Tankuppa P.S. Case No. 44 of 2024.

7. The application stands allowed.

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