Kamlesh Sah @ Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65993 of 2021 Arising Out of PS. Case No.-164 Year-2021 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== KAMLESH SAH @ KAMLESH KUMAR Son of Ram Vilas Sah Resident of Village - Makdumpur, Kodariya, P.s.- Karja, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore For the Opposite Party/s :

Ms.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-07-2022 Heard learned counsel for the parties through video conferencing.

The petitioner apprehends his arrest in a case registered for the offence under Sections 272, 273, 120B, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, total 4400 liters of spirit was recovered from a truck, of which, this petitioner was driver. It is submitted on behalf of petitioner that being driver of the said truck, petitioner had no knowledge about the nature of consignment and he was simply following the instruction of owner. Petitioner has got clean antecedent.

However, learned A.P.P. for the State opposed the bail petition and submitted that huge quantity of spirit has been

Patna High Court CR. MISC. No.65993 of 2021(2) dt.01-07-2022 2/2 recovered from the truck, of which, this petitioner is driver. Considering the fact that petitioner is driver of the truck, in which, huge quantity of spirit has been recovered, I am not inclined to extend the privilege of anticipatory bail to the petitioner and same is, accordingly, rejected. (Prabhat Kumar Singh, J) anay/- U T