Patna High CourtCR. MISC./50882/2019bail rejected

Kamlesh Kumar v. The State Of Bihar

2019-08-16Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50882 of 2019 Arising Out of PS. Case No.-772 Year-2017 Thana- NAWADA District- Nawada ====================================================== KAMLESH KUMAR Son of Vijay Singh Resident of Village - Gonama Dih, P.S. and District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Nawadah P.S. Case No.772 of 2017 registered under Sections 272 and 273 of the Indian Penal Code besides Section 30(a) of the Bihar Prohibition and Excise Act, 2016, pending in the court of the Additional Sessions Judge-II-cum-Special Judge, Nawadah.

The accusation is of recovery of 85 bottles, each containing 750 ml. Indian Made Foreign Liquor, concealed beneath the Asbestos-sheet, adjacent to the wall of the house of the petitioner.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.50882 of 2019(2) dt.16-08-2019 2/2 submits that the alleged Indian Made Foreign Liquor was not seized from the house of the petitioner rather the same was seized concealed beneath the Asbestos-sheet, adjacent to the wall of the house of the petitioner.

Having considered the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the trial court within four weeks from today and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T