Kamlesh Sah @ Kamlesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41434 of 2019 Arising Out of PS. Case No.-169 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Kamlesh Sah @ Kamlesh Prasad, Son of Nagina Sah @ Nagina Prasad, Resident of Village-Pasmaria Tola, P.S.-Turkauliya, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anshu Dhar Sharma For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-10-2019 This is an application for grant of anticipatory bail in connection with Excise Case No. 169 of 2019, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per F.I.R. there is recovery of 20 liters of liquor from the sale center of the petitioner. Petitioner and other accused persons are named in the F.I.R.

Submission of the learned counsel for the petitioner is that the recovery is from the house of co-accused Sanjit Kumar and petitioner has been made accused only on confessional statement of co-accused. Nothing specific has been attributed against the petitioner. He has no criminal antecedent. Heard learned A.P.P. also.

Patna High Court CR. MISC. No.41434 of 2019(4) dt.15-10-2019 2/2 Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned 9th Additional Sessions Judge-cum-Special Judge, East Champaran, Motihari, in connection with Excise Case No. 169 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T