Kunal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9238 of 2019 Arising Out of PS. Case No.-34 Year-2019 Thana- DANAPUR District- Patna ====================================================== KUNAL KUMAR aged 25 years, Gender-Male, Son of Sri Kishori Prasad Singh Resident of Bajrang Tola @ Balwan Tola, Brahmachari, Sherpur, P.S.- Maner, District- Patna, at present residing of Ramnagar Colony, Sultanpur, P.S.-Danapur, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Danapur P.S. Case No. 34 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Allegation against the petitioner is that on his disclosure 118 litres of foreign liquor were recovered from a house.

It has been submitted on behalf of the petitioner

Patna High Court Cr.Misc. No.9238 of 2019(2) dt.18-02-2019 2/3 that he is innocent and has been falsely implicated in this case. Nothing has been recovered from the possession of the petitioner. Petitioner has got no criminal antecedent and is in custody since 10.01.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna, in connection with Danapur P.S. Case No. 34 of 2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the

Patna High Court Cr.Misc. No.9238 of 2019(2) dt.18-02-2019 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U