CR. MISC./54573/2021 of KAMLESH CHAUDHARY Vs The State of Bihar on 24 December 2021

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24-12-2021

IN THE HIGH COURT OF JUDICATURE AT PATNACRIMINAL MISCELLANEOUS No.54573 of 2021

Arising Out of PS. Case No.-88 Year-2021 Thana- AMBA District- Aurangabad ======================================================

Kamlesh Chaudhary Son Of Puna Chaudhary Resident Of Village- Biratpur,P.S.- Aurangabad Town, District- Aurangabad

... ... Petitioner/S

Versus

The State Of Bihar

... ... Opposite Party/s

======================================================Appearance :For the Petitioner/s: Mr. Pramendra Kumar Singh- Advocate For the Opposite Party/s : Mr. Pramod Kumar Pandey- A.P.P.

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

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMAORAL ORDER

Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Amba P.S. Case No.88 of 2021, instituted for the offences under Section30(a) of the Bihar Prohibition and Excise Amendment Act,2018.

The learned counsel for the petitioner submits that thepetitioner is in custody since 13.07.2021, he is a person withclean antecedent and charge-sheet has been submitted in thiscase.

Allegation is of recovery of 56.1 litre of country-madeliquor from the scooty, which is alleged to be driven by thispetitioner.

The learned counsel for the petitioner submits that vikash/- UT

petitioner has been falsely implicated in the case as policefalsely implicated this petitioner as he was passing-by fromwhere the scooty was parked and then came to be implicated. Itis submitted that scooty does not belong to the petitioner.

Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custodysince 13.07.2021, he is a person with clean antecedent andcharge-sheet has been submitted in this case, the petitioner,above-named, is directed to be released on bail on his furnishingbail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand)with two sureties of the like amount each to the satisfaction oflearned Additional Sessions Judge-II-cum-Special Judge,Excise, Aurangabad in connection with Amba P. S. Case No.88of 2021.

The application stands allowed.

(Satyavrat Verma, J)