Kamlesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50120 of 2023 Arising Out of PS. Case No.-147 Year-2023 Thana- YADOPUR District- Gopalganj ====================================================== KAMLESH SINGH SON OF ADALAT SINGH RESIDENT OF VILLAGEAHIRAULI DAN, PS- TARAIYA SUJAN, DIST- KUSHINAGAR, UTTAR PRADESH ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Indrajeet Bhushan, Advocate For the Opposite Party/s :
Mr.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is in judicial custody in connection with Jadopur P.S. Case NO. 147 of 2023 registered under Sections 30 (a) of the Bihar Prohibition and Excise Act, 2018 lodged on 21.06.2023 by the informant, Ramji Viswakarma. As per the prosecution story, the police intercepted two motorcycles, accused persons tried to escape but one of them was arrested and altogether 90 liters country made liquor was/were recovered/seized. Accordingly, the FIR. It is the case of the petitioner that the motorcycle does not belong to him and the alleged recovery attributed to someone else has led to his implication.
Patna High Court CR. MISC. No.50120 of 2023(2) dt.16-08-2023 2/3 Learned APP for the State opposes the prayer for bail. Considering the aforesaid submissions put forward by the learned counsel for the petitioner and as reflects from paragraph-3, he do not have criminal antecedent, this Court is inclined to grant him privilege of bail.
Let the petitioner be released on bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge- II -cum- Special Judge, Excise I, Gopalganj in connection with Jadopur P.S. Case No. 147 of 2023, subject to the following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;
(iv) the petitioner shall in no way try to induce or
Patna High Court CR. MISC. No.50120 of 2023(2) dt.16-08-2023 3/3 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Jagdish/- U