Kamlesh Yadav @ Kamlesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68637 of 2019 Arising Out of PS. Case No.-129 Year-2019 Thana- JANTA BAZAR District- Saran ====================================================== KAMLESH YADAV @ KAMLESH KUMAR YADAV Son of Ram Nath Yadav @ Ram Nath Ray Resident of Village - Senduar Jhusia Tola, P.S.- Janta Bazar, Distt - Saran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Harsh Anuj For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-10-2019 Petitioner seek bail in anticipation of his arrest in connection with Janta Bazar P.S. Case No. 129 of 2019, registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30 (a) 38, 41 of the Bihar Prohibition and Excise Act, 2016.

As per F.I.R there is recovery of 468.6 liters foreign liquor from the house of the petitioner.

Submission of the learned counsel for the petitioner is that he has been falsely made accused in this case by the police and seizure list prepared by the police after lodging of the F.I.R.

On the other hand, learned A.P.P. has opposed the prayer of bail on the ground that huge quantity of liquor was

Patna High Court CR. MISC. No.68637 of 2019(2) dt.25-10-2019 2/2 recovered from the house of the petitioner.

Having heard both sides, in view of the allegation as discussed above, I am not inclined to grant privilege of anticipatory bail to the petitioners, however, the petitioner is directed to surrender before the learned Court below and make prayer for regular bail which shall be considered on the basis of material available on its own merit without being prejudiced by dismissal of this order.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) T.Kr./- U