Kamlesh Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1702 of 2020 Arising Out of PS. Case No.-219 Year-2019 Thana- MANIGACHI District- Darbhanga ====================================================== KAMLESH SADA Son of Late Arjun Sada Resident of Village - Garaul, P.S.- Alinagar, Distt.- Darbhanga.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Das For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner in the present case is seeking regular bail in connection with Manigachhi (Nehra O.P.) P.S. Case No. 219 of 2019 corresponding to G.O. Case No. 1078/2019 registered under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

Learned counsel for the petitioner submits that there is allegedly a recovery of 26 liters of illicit liquor but the petitioner has no criminal antecedent and has remain in custody since 23.10.2019.

Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that there is allegedly a recovery of 26 liters of

Patna High Court CR. MISC. No.1702 of 2020(2) dt.14-01-2020 2/2 illicit liquor but the petitioner has no criminal antecedent and has remain in custody since 23.10.2019, on completion of three months of custody, let the above-named petitioner be released on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional District Judge - II - cum - Special Judge (Excise Act), Darbhanga, in connection with Manigachhi (Nehra O.P.) P.S. Case No. 219 of 2019 corresponding to G.O. Case No. 1078/2019, subject to the condition as laid down under Section 437(3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) Rajeev/- U T