Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35567 of 2025 Arising Out of PS. Case No.-115 Year-2025 Thana- EXCISE SHERGHATI District- Gaya ====================================================== Kamlesh Kumar S/o Ram Prasad Yadav R/o Village- Sawarchak, TolaKarma, PS- Sindhugadh, Distt.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 29-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Excise Sherghati P.S. Case No. 115 of 2025, dated 08.04.2025 instituted for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018.

3. As per prosecution story, 105.845 liters of foreign liquor recovered from the house of the petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner has clean antecedent and he is in custody since 09.04.2025. It is further submitted that no incriminating article has been recovered from the conscious possession of the petitioner and petitioner is a member of joint

Patna High Court CR. MISC. No.35567 of 2025(2) dt.29-05-2025 2/2 family and the house is joint house and his agnates are also living in that house.

5. Learned APP appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail, after framing of charge, on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 03, Gaya, in connection with Excise Sherghati P.S. Case No. 115 of 2025, on further conditions:

(i) One of the bailors should be close relative of the petitioner. (ii) Petitioner shall co-operate in the trial and shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bond may be cancelled by the learned trial Court.

(S. B. Pd. Singh, J) Rajiv/- U T