Allowed

Kamlesh Kumar v. the State of Bihar

Patna HC25 Jan 2022CR. MISC./40112/2021

Case brief

AI extract

What is this about?

Single-judge order granting regular bail to a petitioner arrested for alleged possession of illicit liquor as a passenger. The court considered lack of criminal antecedents, non-ownership of the vehicle, and delayed trial due to the pandemic.

What did the court decide?

Petitioner released on bail bond of Rs. 20,000/- with two sureties of like amount to the Commissioner of Excise, Gopalganj.

Kamlesh Kumar Vs the State of Bihar — Bail and Remand | Patna HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

CRIMINAL MISCELLANEOUS No.40112 of 2021

¶3

Arising Out of PS. Case No.-85 Year-2021 Thana- VIJAYEPUR District- Gopalganj

¶4

======================================================

¶5

KAMLESH KUMAR S/O RAMBABU SINGH R/O VILLAGEDARMAHA, P.S-KESARIYA, DISTRICT-EAST CHAMPARAN.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

¶10

====================================================== Appearance : For the Petitioner/s : Mr.Pankaj Kumar Dubey For the Opposite Party/s : Ms.Rita Verma ======================================================

¶11

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

¶12

ORAL ORDER

¶13

2 25-01-2022

¶14

Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

¶15

The petitioner seeks regular bail in connection with Vijaypur Police Station Case No. 85 of 2021, registered for the offences punishable under Sections 30 (a)/32 (3) of the Bihar Prohibition and Excise Act, 2016.

¶16

The prosecution case, as per the First Information Report, is that the police intercepted one car and two persons sitting therein were arrested and on search of the car, a total quantity of 216 litres of illicit liquor was recovered from the same.

¶17

Learned Counsel for the petitioner submits that the

¶18

Patna High Court CR. MISC. No.40112 of 2021(2) dt.25-01-2022 2/3

¶19

petitioner has got no criminal antecedent and he has not committed any offence in the manner alleged. He further submits that the petitioner is neither the owner nor the driver of the car in question and he was only sitting in the car as a passenger and was not aware about the illicit liquor being kept inside the car. He further submits that the petitioner is in custody since 18.04.2021 and charge sheet has been submitted against the petitioner and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

¶20

Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that the petitioner is not the owner of the car, charge sheet has already been submitted and the petitioner is in custody since 18.04.2021 having no criminal antecedent and the trial is not likely to be concluded in near future due to pandemic, I am inclined to grant regular bail to the petitioner.

¶21

This application is, accordingly, allowed.

¶22

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned 2^nd Additional Sessions Judge -cum- Special Judge,

¶23

Patna High Court CR. MISC. No.40112 of 2021(2) dt.25-01-2022 3/3

¶24

Excise, Gopalganj, in connection with Vijaypur Police Station Case No. 85 of 2021.

¶25

(Anil Kumar Sinha, J.)

¶26

Prabhakar Anand/-

¶27

U √ T √

Kamlesh Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Kamlesh Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Naresh Rai Vs The State of Bihar

Ravinda Ram Vs the State of Bihar

Kamal Kishore @ Mangal Vs The State of Bihar

Vishal Kumar Vs the State of Bihar

Laxman Ram Vs The State of Bihar

Dharmendra Choudhary Vs The State of Bihar