Kamlesh Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65829 of 2021 Arising Out of PS. Case No.-238 Year-2021 Thana- MAIRWAN District- Siwan ====================================================== KAMLESH GOND Son of - Shyamdev Gond Resident of Village- Maniya Bazar, P.S.- Assaon, Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Madhuri Lata, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-04-2022 Heard learned counsel for the parties.

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

As per the prosecution case, 492.480 litres of liquor was recovered from a Tata Safari vehicle and the petitioner who was the driver of the said vehicle was taken into custody. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the possession of the petitioner or from the vehicle in question. He is in custody since 19.8.2021 and has no criminal antecedent. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case especially the

Patna High Court CR. MISC. No.65829 of 2021(2) dt.25-04-2022 2/2 petitioner not having any criminal antecedent and having remained in custody for 8 months, the Court directs the petitioner to be enlarged on bail in connection with Mairwa P.S. Case no. 238 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 ADJ-II-cum-Special Judge, Excise Act, Siwan.

(Partha Sarthy, J) Prakash/- U