Kamlesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65337 of 2021 Arising Out of PS. Case No.-214 Year-2021 Thana- SARAI District- Vaishali ====================================================== KAMLESH SAHANI Son of Nagendra Sahani Resident of village - Garjaul, P.S.- Mahua, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Bela Singh, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 272 and 273 of the Indian penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 369 litres of liquor was recovered from a pick-up vehicle and the petitioner was taken into custody. Different amounts of liquor was recovered from the other vehicles.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the pickup van and the petitioner who is the owner of the vehicle has been falsely implicated in the case. He is in custody since

Patna High Court CR. MISC. No.65337 of 2021(2) dt.11-02-2022 2/2 31.7.2021 and has no criminal antecedent. Charge sheet has been submitted in the case. It is further submitted by learned counsel for the petitioner that a supplementary affidavit has been filed stating therein that the father of the petitioner died on 4.2.2022.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case especially the petitioner not having any criminal antecedent and charge sheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Sarai P.S. Case no. 214 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge IIcum-Excise Act, Vaishali. (Partha Sarthy, J) Prakash/- U