Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70536 of 2022 Arising Out of PS. Case No.-109 Year-2022 Thana- RAMPUR CHAURAM DistrictJehanabad ====================================================== 1.

KAMLESH KUMAR Son of Tibbar Sao R/V- Larnbua, P.S- Tandwa, DistChatra, Jharkhand 2.

Umesh Kumar Sao Son of Kalash Sao @ Kaila Saw R/V- Bariyatu, P.SKaridhahi, Dist- Nazaribag, Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Chandra Bhaskar, Advocate For the Opposite Party/s :

Mr. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-04-2023 Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioners and learned A.P.P for the State.

The petitioners have preferred this application for grant of regular bail in connection with Rampur Chauram P.S. Case No. 109 of 2022 dated 19.10.2022 registered for the offences punishable u/s 30(a) of Bihar Prohibition and Excise Act.

As per the prosecution case, total 268.5 litres of foreign liquor was recovered from the pick-up van and the

Patna High Court CR. MISC. No.70536 of 2022(2) dt.12-04-2023 2/2 petitioner no. 1 is the driver and the petitioner no. 2 is the assistant driver of the said vehicle.

Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 20.10.2022.

Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioners by submitting that the said vehicle was being driven by the driver at the time of the alleged occurrence.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bailbond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Jehanabad in connection with Rampur Chauram P.S. Case No. 109 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T