Kunal Singh @ Golu Singh @ Kunal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8850 of 2024 Arising Out of PS. Case No.-603 Year-2023 Thana- CHHATAUNI District- East Champaran ====================================================== KUNAL SINGH @ GOLU SINGH @ KUNAL KUMAR S/O- AWADHESH SINGH @ AWADHESH KUMAR R/O- VILLAGE- MATHIYA ZIRAT, P.S.- CHHATAUNI, DIST.- 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. Mritunjay Kumar Nirala, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 32(ii),(iii), 36 and 41(i)(ii) of the Bihar Prohibition and Excise Act, 2016.

3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases.

4. Allegation is of recovery of 195.09 litres of liquor from a place opposite the house of Dr. Uma Shankar Prasad.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that the alleged recovery is from a place which does not belong

Patna High Court CR. MISC. No.8850 of 2024(2) dt.27-02-2024 2/2 to the petitioner and is accessible to public at large and he came to be implicated based on the secret information which is the easiest way to implicate someone. It is next submitted that it appears that the police in order to save the real culprits falsely implicated the petitioner because of his antecedent.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Chhatauni P.S. Case No. 603 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T