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Patna High CourtCR. MISC./7984/2024bail granted

Kundan Kumar @ Prem Raj @ Kundan Yadav v. The State Of Bihar

2024-02-12Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7984 of 2024 Arising Out of PS. Case No.-174 Year-2021 Thana- BRAHMPUR District- Buxar ====================================================== Kundan Kumar @ Prem Raj @ Kundan Yadav, Male, aged about 31 years, Son Of Suresh Prasad @ Gopal Resident Of Village- Neharu Nagar (Near Sapna Cinema), P.S.-Brahmpur, Distt.-Bhojpur(Arrah) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Malti Kumari, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 12-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Brahmpur (Kishnabramh) P.S Case No. 174 of 2021 registered for the offences punishable under Sections 272,273 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per allegation in the FIR, total 99 litres of foreign liquor was recovered from Indigo Car.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that nothing has been recovered from the possession of the petitioner, petitioner has got clean antecedent as stated in

Patna High Court CR. MISC. No.7984 of 2024(2) dt.12-02-2024 2/2 para-3 of the petition and he is in judicial custody since 05.12.2023. He further submits that his name has transpired by by confessional statement of co-accused Ram Pravesh before the police.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on 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 Excise Court No. 2, Buxar in the connection with Brahmpur (Kishnabramh) P.S Case No. 174 of 2021.

(Ramesh Chand Malviya, J) Mayank/ Brajesh/- U T