Kamlesh Dom @ Kamlesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72929 of 2022 Arising Out of PS. Case No.-769 Year-2021 Thana- ALAMGANJ District- Patna ====================================================== KAMLESH DOM @ KAMLESH RAM SON OF BABULAL RAM @ BABULAL DOM R/O MEENABAZAR DOMKHANA, P.S.- ALAMGANJ, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand Kumar, Advocate For the Opposite Party/s :

Ms.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-02-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Alamganj P.S. Case No. 769 of 2021, registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act. The allegation is regarding recovery of 75 litres of illicit liquor from the house of the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 15.11.2022. The learned counsel for the petitioner has further

Patna High Court CR. MISC. No.72929 of 2022(2) dt.10-02-2023 2/3 submitted that though the petitioner is an accused in four other cases but he is on bail in all the said cases.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that since the petitioner is having a bad antecedent inasmuch as he is an accused in four other criminal cases of similar nature, though I am not inclined to grant bail to the petitioner, at the moment, however, I deem it fit and proper to direct for release of the petitioner immediately upon framing of charges by the learned trial Court, subject to such conditions as may be deemed fit and appropriate to be imposed by the learned Court of Special Judge Excise, Patna City, DistrictPatna in connection with Alamganj P.S. Case No. 769 of 2021.

Patna High Court CR. MISC. No.72929 of 2022(2) dt.10-02-2023 3/3 The petition stands disposed off with the aforesaid observations and directions.

(Mohit Kumar Shah, J) S.Sb/Saurav U T