Kamlesh Shikari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73295 of 2022 Arising Out of PS. Case No.-399 Year-2022 Thana- MADANPUR District- Aurangabad ====================================================== Kamlesh Shikari S/O Binod Sikari R/V- Kanchanpur, P.S.- Deo, DistrictAurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aman Vishal For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a), 37 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 40 litres of country made liquor from a motorcycle bearing Registration No. UP-64D-0419.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the motorcycle in question. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the motorcycle in

Patna High Court CR. MISC. No.73295 of 2022(2) dt.13-01-2023 2/2 question belongs to one Sanjay Kumar Singh. Petitioner is languishing in judicial custody since 31.07.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise I, Aurangabad, Bihar in connection with Madanpur P.S. Case No. 399 of 2022. (Sunil Kumar Panwar, J) nirajkrs/- U T