Kamlesh Kuamr @ Kamlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35963 of 2019 Arising Out of PS. Case No.-253 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== KAMLESH KUAMR @ KAMLESH YADAV, aged about 25 years, GenderMale, Son of Sri Vijay Yadav, Resident of village Nagutar (Gopibigha) P.S.- Magadh Medical District- Gaya.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ramashish, Advocate.

For the Opposite Party :

Mr.Suresh Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-06-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 06.05.2019 in a case for the offence registered under Sections 30(a) and 56(Kh) of the Bihar Prohibition and Excise(Amendment) Act, 2018.

The prosecution story, in brief, is that total 240 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has

Patna High Court CR. MISC. No.35963 of 2019(3) dt.18-06-2019 2/2 falsely been implicated in the present case. It is alleged that total 240 liters wine is recovered from the car in question. The petitioner was a passenger in the said car. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise), Gaya, in connection with Excise Case No. 253 of 2019.

(Sudhir Singh, J) U.K./- U T