Kamlesh Singh @ Kundan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64451 of 2024 Arising Out of PS. Case No.-231 Year-2022 Thana- Excise P.S. District- Samastipur ====================================================== KAMLESH SINGH @ KUNDAN SINGH S/O RAJ NARAYAN SINGH R/o Ward No.10, Village- Motipur, P.S.- Tajpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anirudh Kumar Sinha For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 485.280 litres of foreign liquor is said to have recovered behind the house of co-accused Anita Devi. He submits the illicit liquor is said to have been recovered from the house of co-accused Anita Devi, who disclosed the name of the petitioner and others. He further

Patna High Court CR. MISC. No.64451 of 2024(2) dt.04-10-2024 2/3 submits that petitioner has five criminal antecedents of similar nature and has been languishing in custody since 12.07.2024.

4. Petitioner is agreed to deposit a sum of Rs.30,000/- (Rupees Thirty Thousand) in Mahavir Cancer Sansthan, Patna, bearing Account No.3332964762, IFSC Code: CBIN0282779, Central Bank of India, Chitkohra Branch, Patna.

5. Having regard to the facts and circumstances of the case and the fact that there is nothing recovered from the conscious possession of the petitioner, let the above named petitioner, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Excise P.S. Case No.231 of 2022, subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in

Patna High Court CR. MISC. No.64451 of 2024(2) dt.04-10-2024 3/3 any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.

6. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Mahavir Cancer Sansthan, Patna.

(Anjani Kumar Sharan, J) anand/- U T