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Patna High CourtCR. MISC./55694/2024bail granted

Kamlesh Singh @ Kamlesh Kumar v. The State Of Bihar

2024-08-29Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55694 of 2024 Arising Out of PS. Case No.-40 Year-2024 Thana- TAJPUR District- Samastipur ====================================================== Kamlesh Singh @ Kamlesh Kumar Son Of Raj Narayan Singh Resident Of Village - Motipur, P.S. - Tajpur, District - Samastipur ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anirudh Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Tajpur P.S. Case No. 40 of 2024 dated 25.01.2024 registered for the offences punishable under Sections 30(a), 41(i)(ii) of the Bihar Prohibition and Excise (Amendment) Act.

3. As per the prosecution case, total 650.28 litres of country made liquor was recovered from the Scorpio.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the name of the petitioner has surfaced in the present case on the basis of secret information. The vehicle from which liquor was recovered does not belong to

Patna High Court CR. MISC. No.55694 of 2024(2) dt.29-08-2024 2/2 the petitioner. The petitioner has no concern with the alleged recovered liquor. The co-accused person has already been granted regular bail by this court vide order dated 04.07.2024 passed in Cr. Misc. No. 39867 of 2024. The petitioner has five criminal antecedents as stated in paragraph no. 3 of the bail application. The petitioner is in custody since 25.06.2024. 5.Learned A.P.P. for the State has opposed the prayer for bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, 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 the learned Special Judge (Excise),-02, Samastipur in connection with Tajpur P.S. Case No. 40 of 2024.

7. The application stands allowed.

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