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Patna High CourtCR. MISC./8037/2020allowed

Kundan Kumar @ Kundan Kumar Rai @ Kundan Kumar Ray v. The State Of Bihar

2020-06-10Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8037 of 2020 Arising Out of PS. Case No.-86 Year-2019 Thana- PATORI District- Samastipur ====================================================== Kundan Kumar @ Kundan Kumar Rai @ Kundan Kumar Ray S/o Rambilok Ray @ Ramvilok Ray @ Vilok Rai @ Punni Rai @ Munni Ray R/o villageMohanpur, P.S.- Shahpur Patori, District- Samastipur ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Brisketu Sharan Pandey, Advocate For the Opposite Party :

Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-06-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner is apprehending arrest in connection with Shahpur Patori P.S. Case No. 86 of 2019 for offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. He further submits that in the instant case total 460.030 litres of foreign liquor was seized. Learned counsel for the petitioner submits that co-accused Chandan Kumar Roy @ Chandan Kumar has been granted bail by this Court vide order dated 01.05.2019 passed in Cr. Misc. No. 28927 of 2019.

Considering the fact that the petitioner has no criminal

Patna High Court CR. MISC. No.8037 of 2020(3) dt.10-06-2020 2/2 antecedent and nothing was recovered from possession of the petitioner, this Court is inclined to grant bail to him. Let petitioner, above-named, in the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of Rs. 50,000/- (Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of Additional District Judge 2nd cum Special Judge Excise Act, Samastipur in connection with Shahpur Patori P.S. Case No. 86 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and subject to further condition that the petitioner shall render his service as volunteer in the District Health Centre for a period of one month in dedicated Covid hospital. He is required to report the District Nodal Officer in the concerned region who shall utilise the service of the petitioner appropriately.

(Anil Kumar Upadhyay, J) BT/- U T