Kamlesh Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35717 of 2018 Arising Out of PS. Case No.-146 Year-2018 Thana- BAHERA District- Darbhanga ====================================================== Kamlesh Thakur son of Madhu Kant Thakur resident of village - Galma, Police Station - Ghanshyampur, District - Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Girish Chandra Jha For the Opposite Party/s :
Mr. Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Bahera P.S. Case No. 146 of 2018 registered under Sections 30(a), 32(iii) and 42(i) of Bihar Prohibition and Excise Act-2016. 19.290 lts. of foreign liquor is said to have been recovered from generator room located adjacent to the main gate of Shivam Cinema Hall haling to the petitioner. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized liquor. He had taken the aforesaid Cinema Hall on lease, which was to be effective from 1.06.2018 i.e. later to the
Patna High Court Cr.Misc. No.35717 of 2018(2) dt.29-06-2018 2/2 date of occurrence and he had no knowledge of keeping of the aforesaid liquor in the generator room of the said cinema hall. He has no criminal antecedent. He has been languishing in custody since 03.05.2018.
In the facts and circumstances of the case, the above named petitioner is directed to be enlarged 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 4th Addl. Sessions Judge-cum-Special Judge, Darbhanga in connection with Bahera P.S. Case No. 146 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T