Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12822 of 2020 Arising Out of PS. Case No.-17 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Munna Kumar, aged about 20 years (M), S/o Dhanik Lal Rai Resident of Village- Hardiya, P.S.- Kundwachainpur, Distt- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Adv.

For the Opposite Party/s :

Mr. Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 13-05-2020 Perused the record of this case and heard learned counsel for the State through virtual court proceeding. In this case, the petitioner is seeking bail in connection with Excise Case No. 17 of 2020 registered for offences under sections 30(a), 41(1) of the Bihar Prohibition and Excise Act.

As per allegation made in the First Information Report, the police, on receipt of confidential information, caught the accused-petitioner carrying 15 cartons each carton containing 30 bottle i.e. total 450 bottle each bottle containing 300 ml. i.e. total 135 litre Nepali Kasturi wine on a Super Splender bike which was without number. The police arrested the petitioner and seized the recovered article.

Patna High Court CR. MISC. No.12822 of 2020(2) dt.13-05-2020 2/2 Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent as has been stated in paragraph no.3 of the present bail application. The petitioner is in custody since 8.1.2020.

Looking to the entire facts and circumstances of the case as also considering the present situation arising out of Covid-19 outbreak, let the petitioner, above named, be released on bail on furnishing personal bail bond to the satisfaction of learned Special Judge, Excise, East Champaran, Motihari in connection with Excise Case No. 17 of 2020, subject to the condition that if the petitioner is found involved in future in similar type of offenses, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order including cancellation of bail granted to the petitioner.

(Shivaji Pandey, J) rishi/- U T