Kamlesh Kumar @ Kamlesh Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56444 of 2022 Arising Out of PS. Case No.-48 Year-2019 Thana- PATEPUR District- Vaishali ====================================================== Kamlesh Kumar @ Kamlesh Kumar Sahni, Son of Ram Sagar Sahni, R/VChandauli, P.S- Ujiyarpur, Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Aprajita, Advocate For the Opposite Party/s :

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Patepur P.S. Case No. 48 of 2019 registered for the alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, police chased a vehicle but its driver fled away and from this vehicle 185.400 litres of India made foreign liquor was recovered. The petitioner is stated to be the owner of the said vehicle.

The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.56444 of 2022(2) dt.24-11-2022 2/3 case. The petitioner was not apprehended from the spot and nothing incriminating has been recovered from his conscious possession. The petitioner has been implicated in this case on the basis that he is the owner of the vehicle in question but he has no concern with the allegedly recovered illicit liquor. The car was being driven by the co-accused driver and the petitioner has no knowledge that liquor was kept in the said car. The petitioner is in custody since 12.07.2022 and the charge-sheet has been submitted in this case.

Learned APP opposes the prayer for bail submitting that the petitioner is having criminal antecedent of similar nature.

Having regard to the submissions made hereinabove and considering the fact that the petitioner was not apprehended from the spot and no recovery has been shown from him and further considering the period of custody of the petitioner as well as submission of charge-sheet against him, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-2nd-cum- Additional District and Sessions Judge, Hajipur at Vaishali in connection with Patepur P.S. Case No. 48

Patna High Court CR. MISC. No.56444 of 2022(2) dt.24-11-2022 3/3 of 2019, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T