Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5087 of 2023 Arising Out of PS. Case No.-477 Year-2022 Thana- RAJAOLI District- Nawada ====================================================== KUNDAN KUMAR Son of Suresh Yadav Resident of Village - Gonawa Moti Bigha, P.S. - Nagar, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Rajauli P.S. Case No. 477 of 2022, registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act, 2016.

The learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent and he is under custody since 08.09.2022 for the allegation that from a vehicle 400 liters of liquor was recovered and this petitioner tried to flee away from that vehicle. He has also submitted that he is neither owner nor the driver of the vehicle. He has falsely been implicated.

Patna High Court CR. MISC. No.5087 of 2023(2) dt.28-04-2023 2/2 Considering the clean antecedents and period of incarceration, let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-2, Nawada in connection with Rajauli P.S. Case No. 477 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offense, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) SONALI/Sudha U T