Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30110 of 2019 Arising Out of PS. Case No.-29 Year-2019 Thana- MAHINDWARA District- Sitamarhi ====================================================== KAMLESH KUMAR Son of Radhe Sah Resident of Village - Olipur, P.S.- Mahindwara, Dist.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Ms.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-07-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Mahindwara P.S. Case No. 29 of 2019 instituted for the offence under Section(s) 30(a), (b),( c), (F)/34/36/41 of Bihar Prohibition & Excise Act, 2016.

It is alleged in the written report that on the date of occurrence police got information that some people have assembled for manufacturing illicit foreign liquor. On getting such information the informant and other police party conducted raid and apprehended one person who told his name as Kamlesh Kumar and 10-12 persons managed to run away whose name was also disclosed by this petitioner. It is further alleged that 77.580 litres of foreign liquor along with empty bottles of

Patna High Court CR. MISC. No.30110 of 2019(3) dt.01-07-2019 2/2 wine and other materials have been recovered from the place of occurrence.

Seizure list is part of the FIR which shows that recovery has been made from the field of Gauri Prasad Sahu. There is no recovery of any illicit foreign liquor from conscious possession of this petitioner.

Petitioner is in custody since 4.3.2019 having clean antecedent.

Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-II Sitamarhi, in connection with Mahindwara P.S. Case No. 29 of 2019 subject to the condition that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) shyambihari/- U T