Patna High CourtCR. MISC./43527/2024bail granted

Kamlesh Kumar @ Kamlesh Kumar Sahni @ Kamlesh Sahni v. The State Of Bihar

2024-06-24Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43527 of 2024 Arising Out of PS. Case No.-85 Year-2024 Thana- UJIYARPUR District- Samastipur ====================================================== Kamlesh Kumar @ Kamlesh Kumar Sahni @ Kamlesh Sahni S/o Ram Sagar Sahni R/o vill - Chandauli, P.s. - Ujiyarpur, Distt. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Ujiyarpur P.S. Case No. 85 of 2024, instituted for the offences punishable under Sections 30(a) and 41(1)(2) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 612 liters liquor was recovered from two cars.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.43527 of 2024(2) dt.24-06-2024 2/3 no concern with the alleged recovery of liquor. It is further submitted that the petitioner is neither owner nor driver of any of the cars in question. Name of the petitioner has transpired on the basis of confessional statement of co-accused Raja Paswan which has no evidentiary value. The petitioner is in custody since 09.05.2024 and has got three criminal antecedents in which the petitioner is on bail. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ujiyarpur P.S. Case No. 85 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.43527 of 2024(2) dt.24-06-2024 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T