Kundan Kumar @ Kundan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10313 of 2020 Arising Out of PS. Case No.-113 Year-2018 Thana- PANDARAK District- Patna ====================================================== KUNDAN KUMAR @ KUNDAN SINGH S/o Krishnanadan Singh @ Kishore Singh Resident of Village- Mor bind toli (Barahpur), P.S.- Mokama, Distt- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Mouar For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application for regular bail arises out of Pandarak P.S. Case No. 113 of 2018, disclosing the offence under Section 30(a) of the Bihar Excise Prohibition and Amendment Act.

From a pick-up van 1279 litres of illicit liquor was recovered. The driver of the vehicle named the petitioner of his involvement in the trade of illicit liquor. Learned counsel appearing on behalf of the petitioner has relied on an order dated 11.01.2019 passed in Cr. Misc. No. 76542 of 2018 whereby the co-accused

Patna High Court CR. MISC. No.10313 of 2020(2) dt.28-02-2020 2/3 Sudhir Kumar has been allowed regular bail.

I have carefully perused the said order dated 11.01.2019. A coordinate Bench of this Court while accepting the plea that Sudhir Kumar being the driver of the vehicle was not knowing what was loaded in the said pickup van, has allowed regular bail, considering his clean antecedent.

Learned counsel appearing on behalf of the petitioner has further referred to the averment made in paragraph-10 of the application to contend that his name has been added at the instance of the Assistant Superintendent of Police, Barh.

Be that as it may, following are the cases in which the petitioner is an accused:- (i) Mokama P.S. Case No. 162/17, under Section 30(a) of Excise Act.

(ii) Hatidah P.S. Case No. 82/18 under Sections 30(a) and 36 of the Excise Act.

(iii) Mokama P.S. Case No. 44/2019 and 113/2019 under Section 30(a) of the Excise Act.

(iv) Mokama P.S. Case No. 278/18 under Sections 414, 420/34 of the Indian Penal

Patna High Court CR. MISC. No.10313 of 2020(2) dt.28-02-2020 3/3 Code, Sections 30(a) and 36 of the Excise Act.

Considering the criminal antecedent of the petitioner, I am not inclined to grant the petitioners privilege of regular bail.

This application is, accordingly, dismissed.

(Chakradhari Sharan Singh, J) S.Ali/- U T