Kamlesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74344 of 2023 Arising Out of PS. Case No.-445 Year-2023 Thana- Excise P.S. District- Patna ====================================================== Kamlesh Kumar Son Of Rajendra Prasad @ Rajindra Prasad Resident Of Malahchak, P.S. - Masaurhi, District - Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Jiban Pd. Singh, Advocate For the State :
Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and Ms. Asha Devi, learned APP for the State.
2. The petitioner seeks bail in connection with Excise Masaurhi P.S. Case No. 445 o0f 2023 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that the petitioner is in custody since 30.08.2023. and there is recovery of 350 litres of illicit liquor. Learned counsel further submits that the petitioner is ready to donate Rs. 25,000/- (Rupees Twenty Five Thousand Only) in some charitable organization without accepting his guilt.
4. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.
Patna High Court CR. MISC. No.74344 of 2023(2) dt.29-11-2023 2/2
5. Considering the above, this application is allowed.
6. 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 Exclusive Special Excise Judge-2nd, Patna in connection with Excise Masaurhi P.S. Case No. 445 of 2023.
7. This is also subject to the condition that the petitioner shall deposit an amount of Rs. 25,000/- (Rupees Twenty Five Thousand Only) in Ramakrishna Mission Ashrama, Patna and produce the receipt of the same before the Court below. The bail bonds of the petitioner shall be accepted after verifying the genuineness of the receipt produced by the petitioner.
8. The petitioner will also mark attendance in Masaurhi Police Station, Patna on the first Sunday of each month. Any default in appearance at the Police Station would be result in cancellation of bail bonds of the petitioner. (Sandeep Kumar, J) P. Kumar U