Kunal Sah @ Kunal Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3385 of 2022 Arising Out of PS. Case No.-137 Year-2021 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== KUNAL SAH @ KUNAL KUMAR GUPTA S/O SUKHAL SAH R/o villageJatwaliya, P.S.- Kundwachainpur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 353, 307, 332, 333 and 34 of the Indian Penal Code and Sections 30(A), 41(1) and 45 of the Bihar Prohibition and Excise Act, 2016.

It is a case of recovery of about 63 liters of Nepali Soffy wine from a vehicle.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that he has no concern with the seized liquor or seized vehicle and no incriminating article has been recovered

Patna High Court CR. MISC. No.3385 of 2022(2) dt.14-06-2022 2/2 from the conscious or constructive possession of the petitioner and petitioner has not been apprehended at the spot. Petitioner has got clean antecedent.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Motihari, Eat Champaran in connection with Kundwachainpur P.S. Case No. 137 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T