Kundan Kumar @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15443 of 2025 Arising Out of PS. Case No.-16 Year-2025 Thana- GRIYAK District- Nalanda ====================================================== Kundan kumar @ Manoj Kumar S/O Bundel Prasad R/O Village - Shahabad, P.S- Giriyak, (Katrisarai), District -Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Sinha For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 02-04-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Giriyak P.S. Case no.16 of 2025 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, a secret information having been received that one Bundel Prasad is involved in the business of liquor, the police party conducted raid and apprehended the accused Bundel Prasad at the spot. On search, a total of 117.815 liters of country made liquor was recovered in his cowshed.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The name of

Patna High Court CR. MISC. No.15443 of 2025(2) dt.02-04-2025 2/3 the petitioner has come only on the confessional statement of co-accused Bundel Prasad. There was no independent witness to the seizure list and no recovery has been made from the conscious possession of the petitioner or from his house. The cowshed is an open space which is accessible to everyone. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. In view of the facts of the case that the illicit recovery was made from an open space which is accessible to everyone as also the petitioner not having any antecedent, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Giriyak P.S. Case no.16 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additonal District & Sessions Judge-V-cum-Special Judge, Excise-I, Nalanda at Biharsharif, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to

Patna High Court CR. MISC. No.15443 of 2025(2) dt.02-04-2025 3/3 the further condition that he shall co-operate in investigation/trial.

(Soni Shrivastava, J) Harsh/- U T