Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51433 of 2016 Arising Out of PS.Case No. -40 Year- 2016 Thana -JAMHORA District- AURANGABAD ====================================================== Kamlesh Kumar, S/o Shri Birendra Prasad, R/o Village Mahathu, P.S. Jamhore, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-12-2016 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted under Sections 47(a) and 54 of the Bihar Excise Amendment Act. Allegation against petitioner is that from his possession 510 litres of liquor has been recovered.

It has been submitted on behalf of petitioners that he is in custody since 20.9.2016. Chargesheet has been submitted against petitioner. Petitioner has got no criminal antecedent. No allegation of tampering of witnesses is alleged against petitioner. It is alleged that 510 litres of wine is said to have been recovered from possession of petitioner. There is no compliance of Section 100 of the Code of Criminal Procedure. Other co-accused has been granted bail vide Cr. Misc. no. 50161 of 2016. On behalf of the State, it is submitted that petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties

Patna High Court Cr.Misc. No.51433 of 2016 (2) dt.06-12-2016 2/2 of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Jamhore P.S. Case no. 40 of 2016.

(Sudhir Singh, J) sudip/- U T