Kamlesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40084 of 2022 Arising Out of PS. Case No.-77 Year-2022 Thana- MUSRIGHRARI District- Samastipur ====================================================== Kamlesh Singh, Son Of Hit Narayan Singh Resident Of Village- Motipur, P.S.- Tajpur, District- Samastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar For the Opposite Party/s :

Ms. Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 41(2)(1) of the Excise Act, 2016.

The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the allegation is of recovery of 2646 litres of liquor from an oil tanker. The learned counsel for the petitioner submits that the petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that petitioner is neither the owner, nor the driver of the said vehicle and his name transpired in the confessional statement of Bipin Kumar and Sunil Kumar.

Patna High Court CR. MISC. No.40084 of 2022(2) dt.25-08-2022 2/2 The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Musrigharari P. S. Case No.77 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T