Kamlesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59324 of 2021 Arising Out of PS. Case No.-199 Year-2020 Thana- MUFFASIL District- Aurangabad ====================================================== KAMLESH KUMAR S/o- LATE KRISHNA RAM Resident of VillageRamnagar Tola, P.S.- Daltenganj, District- Palamu (Jharkhand) ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar, Adv.
For the Opposite Party/s :
Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 15-04-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Muffasil P.S. Case No. 199 of 2020 registered under Section 30(a) of Bihar Excise Act.
Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Further submission is that the name of the petitioner has transpired merely on the confessional statement of co-accused Gopal Singh. Though, the petitioner is the owner of the vehicle, but he did not know his vehicle was being used by the driver in transportation of incriminating articles. Further he submits that on perusal of first information report, it appears that the driver of the vehicle used to carry the
Patna High Court CR. MISC. No.59324 of 2021(2) dt.15-04-2022 2/2 incriminating articles of one Shakti Kumar. Petitioner has no criminal history.
Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of the District and Sessions Judge-IIcum-Special Judge, Excise, Aurangabad in connection with Muffasil P.S. Case No. 199 of 2020, subject to the condition as laid down under Section 438(2) of the Cr. P.C. utkarsh/- (Arvind Srivastava, J) U T