Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1591 of 2022 Arising Out of PS. Case No.-457 Year-2021 Thana- ARWAL District- Jehanabad ====================================================== Kamlesh Kumar, aged about 22 years, S/o Mahesh Singh, R/o VillageJinpura, P.S.-Arwal, Distt.-Arwal ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Nitya Nand Neeraj, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Excise Case No. 1140/2021 (in Arwal P.S. Case No.457/2021) lodged under Sections 30(a)/41 of the Excise Act.

As per the allegation in the F.I.R., the petitioner was trying to flee and then caught by the police. Recovery was alleged to be made total 30 litres illegal desi mahua wine from his house but there is no independent witness. Petitioner is in custody since 05.12.2021 and no criminal incident. It is also been argued that due to village politics this case has been instituted.

Under the facts and circumstances, I am of the view of seizure is defective and considering the period of his custody

Patna High Court CR. MISC. No.1591 of 2022(2) dt.06-06-2022 2/2 since 05.12.2021, I am inclined to grant bail to this petitioner on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. S.J.-II-cum- Special Judge, Excise, Jehanabad in connection with Excise Case No.1140/2021 (in Arwal P.S. Case No.457/2021).

(Dr. Anshuman, J) ravishankar/- U T