Kamlesh Kumar @ Kamlesh Yadav @ Guddu @ Gudu And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47312 of 2018 Arising Out of PS.Case No. -444 Year- 2017 Thana -DEHRI TOWN District- SASARAM (ROHTAS) ======================================================

1. Kamlesh Kumar @ Kamlesh Yadav @ Guddu @ Gudu, S/o Uma Shankar Singh,

2. Deepak Kumar, S/o Uma Shankar Singh,

3. Amit Kumar @ Maiya, S/o Chotan Singh, All are resident of VillageBhaisaha, P.S.- Indrapuri, District- Rohtas. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Bhaskar Shankar For the Opposite Party : Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-09-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 307, 353, 186, 189, 332, 333, 224, 225, 323, 341, 504,34 of the Indian Penal Code and Section-45 of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in brief, is that when police went to arrest the petitioners in connection with another case, local people protested the same.

It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The police had gone to arrest the petitioners in connection with an offence relating to Excise Act. The local

Patna High Court Cr.Misc. No.47312 of 2018 (6) dt.26-09-2018 person at the place of occurrence protested against arrest of the petitioners. After arrest of petitioner Nos. 2 & 3, they were remanded in Dehri (Indrapuri) P.S. Case No. 160 of 2017. Later on, the petitioner Nos. 2 &3 were granted bail by the court below in the aforesaid case. Later on the petitioners learnt that the petitioners are accused in the present case also. Hence the present bail application has been preferred by the petitioners. There is no recovery of liquor in the present case.

On behalf of the State, it is submitted that the petitioners is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise, Rohtas at Sasaram in connection with Dehri (Indrapuri) P.S. Case No. 444 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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