Patna High CourtCR. MISC./86718/2019bail granted

Kamlesh Sah v. The State Of Bihar

2020-01-18Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86718 of 2019 Arising Out of PS. Case No.-149 Year-2019 Thana- RAJPUR District- Rohtas ====================================================== KAMLESH SAH, aged about 23 years, Male, Son of Jadu Sah, Resident of Village-Mauna, Police Station-Nasriganj, District-Rohtas ... Petitioner

Versus

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

For the Petitioner :

Mr. Rajani Kant Singh, Adv.

For the Opposite Party :

Mr. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks bail in connection with Rajpur P.S. Case No. 149 of 2019, registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The accusation is that in course of raid of abandoned poultry farm of Shiv Kumar Singh, 96 bottles, each containing 180 ml, two bottles, each containing 750 ml and 16 bottles, each containing 375 ml Indian made foreign liquor recovered and a Tata Magic van parked in front of the poultry farm, 48 bottles, each containing 180 ml Indian made foreign liquor recovered. From that place Sunil Kumar Gupta, Kamlesh Sah (petitioner), Ranjan Kumar and Shiv Kumar Singh were apprehended. At that time, the petitioner was found in possession of one mobile set.

Patna High Court CR. MISC. No.86718 of 2019(2) dt.18-01-2020 2/2 Submission is that in fact petitioner was passing through the raid situated in front of poultry farm of co-accused, Shiv Kumar Singh, and petitioner was apprehended mere on suspicion having hand in the illicit business of liquor. The petitioner has no criminal antecedent and is in custody since 17.11.2019.

Having regard to the facts and circumstances of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Rajpur P.S. Case No. 149 of 2019 to the satisfaction of the Additional District & Sessions Judge II-cum-Special Judge, Excise, Rohtas at Sasaram.

(Rajendra Kumar Mishra, J) Shamshad/- U T