Kamlesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67013 of 2021 Arising Out of PS. Case No.-307 Year-2020 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Kamlesh Das Son Of Sri Gopal Das R/O Village- Krishnapalli, P.S.- Bidhannagar, Phansiduwa, Dist.- Darjeeling, State- West Bengal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rohit Mishra, Advocate For the Opposite Party/s :

Mr. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-05-2022 Heard learned counsel for the parties.

Let the defect(s), if any, be removed within four weeks.

The petitioner is in judicial custody in connection with Kochadhaman P.S. Case No. 307 of 2020 for the offence registered under Sections 30(9), 35, 36 and 41 of the Bihar Prohibition and Excise Act.

The prosecution case in brief is that 630 liters of foreign liquor is said to have been recovered from a Maruti Super Carry Pick-up Van.

Learned counsel for the petitioner submits that neither he was arrested from the spot nor he had any concern with the said consignment rather was arrested from Siliguri. It is further submitted that his name has come up in the confessional statement of accused persons and he does not have any criminal

Patna High Court CR. MISC. No.67013 of 2021(2) dt.16-05-2022 2/3 antecedent. He lastly submits that the petitioner is in jail since 11.08.2021 (as stated in paragraph-13 of the bail application. Considering the fact that the articles have not been seized from the conscious possession of the petitioner, he does not carry any criminal antecedent, charge-sheet has already been submitted and he is in jail since 11.08.2021, this Court is inclined to grant him the privilege of bail but with certain conditions.

Let the petitioner be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of 2nd Additional District and Session Judge II, Special Judge (Excise Act) Kishanganj in connection with Kochadhaman P.S. Case No. 307 of 2020, subject to the following conditions :- (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail cancellation of his bail by the Trial Court itself;

(iii) the petitioner shall desist from committing any

Patna High Court CR. MISC. No.67013 of 2021(2) dt.16-05-2022 3/3 criminal offence again failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Jagdish/- U T