Kamlesh Prasad Gupta @ Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47928 of 2025 Arising Out of PS. Case No.-171 Year-2025 Thana- LAURIA District- West Champaran ====================================================== Kamlesh Prasad Gupta @ Kamlesh Kumar Son of Late Gopal Prasad R/O Village- Lauriya Bazar, P.S.- Lauriya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra, Adv.

For the Opposite Party/s :

Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Lauriya P.S. Case No. 171 of 2025 dated 16.04.2025 registered for the offences punishable u/ss 274, 275 of the B.N.S. and u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 17.28 litres of illicit foreign liquor was recovered from the motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not the owner of the seized vehicle he has no concern with the alleged recovery. Nothing has been

Patna High Court CR. MISC. No.47928 of 2025(2) dt.22-07-2025 2/2 recovered from the conscious possession of the petitioner. The petitioner has seven criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 17.04.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bettiah, West Champaran in connection with Lauriya P.S. Case No. 171 of 2025 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T