The court granted bail to the petitioner, Kamlesh Dubey, in an excise case where prohibited articles were recovered from a temple's bag rather than his possession.
Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55072 of 2019
Arising Out of PS. Case No.-241 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj
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Kamlesh Dubey, Male, aged about 38 years, S/O Late Ramdas Dubey, Resident of village- Dubey Khareya, P.S.- Gopalpur, District- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ranjeet Kumar Pandey, Advocate For the Opposite Party/s : Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 02-09-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Excise Case No. 241 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amended) Act, 2018.
Learned counsel for the petitioner has submitted that there is no recovery from the conscious possession of the petitioner. During course of search, seized articles kept in a bag behind temple which was situated in front of the house of the petitioner was recovered.
It is submitted that the petitioner has got no criminal antecedent.
Patna High Court CR. MISC. No.55072 of 2019(2) dt.02-09-2019 2/2
In the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-II-cum-Special Judge, Excise, Gopalganj in connection with Excise Case No. 241 of 2019.
(Anjani Kumar Sharan, J)
Nasimul/-
U T
1 issue framed by the court
Whether the petitioner is eligible for bail in the pending excise case.
Kamlesh Dubey
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
