Kamlesh Kumar @ Kamlesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51350 of 2021 Arising Out of PS. Case No.-230 Year-2021 Thana- PUPRI District- Sitamarhi ====================================================== KAMLESH KUMAR @ KAMLESH PASWAN Son of Kishori Paswan Resident of Village - Hariharpur, P.S. Pupri, District - Sitamarhi. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hans Lal Kumar, Adv.
For the Opposite Party/s :
Mr. Md. Anbzarul Haque Sahara, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-04-2022 Heard Mr. Hans Lal Kumar, learned counsel for the petitioner and Mr. Md. Anbzarul Haque Sahara, learned Additional Public Prosecutor for the State through video conferencing.
Petitioner seeks regular bail in connection with Pupri PS Case No. 230/2021 registered for the offence punishable under Section 414 of the IPC and Section 30(a) of Bihar Prohibition & Excise Act.
As per First Information Report, the police, on the basis of secret information that some persons were indulged in trade of illicit liquor, proceeded towards the place of occurrence, i.e., Hariharpur and upon seeing the police party four persons tried to flee away and succeeded in the same. The police recovered 61.500 litres of illicit liquor from the place of
Patna High Court CR. MISC. No.51350 of 2021(2) dt.15-04-2022 2/3 occurrence i.e., the house of one Nunu Devi who disclosed the name of the petitioner and other accused persons that they were involved in the trade of illicit liquor.
Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely been implicated in this case on the basis of disclosure of his name by a co-accused person, namely, Nunu Devi from whose house recovery of illicit liquor has been made. He further submits that the said Nunu Devi, from whose house recovery of illicit liquor has been made, has been granted bail by this Court vide Cr. Misc No. 49894/2021.
Learned counsel further submits that the petitioner is in custody since 12.07.2021 and the charge-sheet has been submitted in the matter.
Regards being had to the submissions made by the parties and taking into consideration that the petitioner having no criminal antecedent is in custody since 12.07.2021, the charge-sheet has been submitted in the matter and a co-accused has been granted bail by this Court, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, KAMLESH KUMAR @ KAMLESH PASWAN be released on bail on furnishing bail
Patna High Court CR. MISC. No.51350 of 2021(2) dt.15-04-2022 3/3 bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Special Judge (Excise) Sitamarhi in connection with Pupri PS Case No. 230/2021. (Anil Kumar Sinha, J) perwez U T