Kamlesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61064 of 2019 Arising Out of PS. Case No.-239 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== KAMLESH SINGH,Sex-Male, aged about 64 years, Son of Late Girja Singh, Resident of Village- Balua Tola(Jadopur Shukul), Police Station- Yadopur, District- Gopalganj.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Javed Aslam, Advocate.

For the Opposite Party :

Mr.Gauri Shankar Gupta,A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The prosecution story, in brief, is that total 439.920 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 21.07.2019. The petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the

Patna High Court CR. MISC. No.61064 of 2019(2) dt.25-09-2019 2/2 witnesses alleged against the petitioner. It is alleged that total 439.920 liters wine is recovered. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Second Additional Sessions Judge-cum-Special Judge, Gopalganj, in connection with Excise Case No. 239 of 2019.

(Sudhir Singh, J) U.K./- U T