Patna High CourtCR. MISC./80796/2019bail granted

Kamlesh Kumar v. The State Of Bihar

2020-01-07Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 80796 of 2019 Arising Out of PS Case No.-477 Year-2019 Thana- BODHGAYA District- Gaya ====================================================== Kamlesh Kumar, aged about 21 years, Male, Son of Krishnadev Yadav, Resident of Village- Hiri Bagicha, P.S.- Mohanpur, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Mishra, Advocate For the State :

Mr. Mritunjay Kumar Nirala, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 07-01-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Bodh Gaya PS Case No. 477 of 2019 dated 27.10.2019 instituted under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

3. It is alleged that from the plastic bag carried by the petitioner on his motorcycle 23.5 litres of Beer has been recovered.

4. Learned counsel for the petitioner submitted that he has no any criminal antecedent and the allegation is false and such recovery has not been from his conscious possession. It was further submitted that the petitioner is in custody since 28.10.2019.

5. Learned APP submitted that there has been recovery of 23.5 litres of Beer from the petitioner.

Patna High Court CR. MISC. No.80796 of 2019 dt.07-01-2020 2/2

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 25,000/- (Twenty Five thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Gaya in Bodh Gaya PS Case No. 477 of 2019.

7. One of the bailors shall be a close relative of the petitioner. The petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or appear on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.

8. The application stands disposed off.

(Ahsanuddin Amanullah, J.) Anand Kr.

AFR/NAFR U T