Patna High CourtCR. MISC./62147/2023bail granted

Kamlesh Kumar @ Bittu v. The State Of Bihar

2023-09-26Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62147 of 2023 Arising Out of PS. Case No.-150 Year-2023 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Kamlesh Kumar @ Bittu S/O Asho Singh @ Ashok Singh R/O VillageManjaur, P.S- Warishaliganj, Distt.- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar, Advocate For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 05.08.2023 in connection with Sheikhopur Sarai P.S. Case No. 150 of 2023, F.I.R. dated 04.08.2023 for the offences punishable under Sections 30(a), 41, 32(ii) of Bihar Prohibition and Excise Act.

3. According to prosecution case, there has been recovery of 165.750 liters of foreign liquor recovered from the vehicle. Accordingly, the FIR.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that from perusal of the FIR and seizure list that altogether 165.750 liters of foreign liquor

Patna High Court CR. MISC. No.62147 of 2023(2) dt.26-09-2023 2/3 has recovered from the vehicle in question and nothing has been recovered from the conscious possession of the petitioner and petitioner is driver of the vehicle in question and he has no concern at all with the alleged recovery of the illicit liquor. The petitioner is in custody since 05.08.2023.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries one criminal antecedent other than the present one, but fairly submits on the basis of paragraph-3 of the petition in which the petitioner is on bail.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge, Sheikhpura in connection with Sheikhopur Sarai P.S. Case No. 150 of 2023, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.62147 of 2023(2) dt.26-09-2023 3/3 ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Prakash Narayan U T