Patna High CourtCR. MISC./55088/2021bail granted

Kamlesh Kumar @ Chhotu v. The State Of Bihar

2021-12-24Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55088 of 2021 Arising Out of PS. Case No.-226 Year-2021 Thana- NAANPUR District- Sitamarhi ====================================================== Kamlesh Kumar @ Chhotu S/o Tapeshwar Kumar @ Tapeshwar Ray Resident of Village- Temhua, P.S.- Pupri, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-12-2021 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of Covid 19 pandemic, requiring social distancing.

Heard learned counsel for the petitioner and Shri Narsingh Tanti, learned A.P.P. for the State. The petitioner seeks regular bail in connection with Nanpur P.S. Case No. 226 of 2021 instituted for the offences under Sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is in custody since 15.07.2021 and charge-sheet has been submitted in the case.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.55088 of 2021(2) dt.24-12-2021 2/2 allegation is of recovery of 1023.810 litres of liquor from a pick-up van.

Learned counsel for the petitioner submits that the petitioner is neither the driver, nor the cleaner nor the owner of the pick-up vehicle rather was a passenger sitting in the pick-up van and came to be implicated when search was made. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 15.07.2021 and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II-cum-Special Judge, Excise, Act, Sitamarhi in connection with Nanpur P.S. Case No. 226 of 2021. (Satyavrat Verma, J) Rishi/- U T