Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19456 of 2022 Arising Out of PS. Case No.-360 Year-2021 Thana- BIDUPUR District- Vaishali ====================================================== Kundan Kumar S/O Chandeshwar Rai R/O Village- Bhairopur, P.S.- Bidupur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 62.12 litres of Indian Made Foreign Liquor from a mini truck. The petitioner is alleged to have fled away from the place of seizure. It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing was recovered from the conscious possession of the petitioner. The petitioner has no

Patna High Court CR. MISC. No.19456 of 2022(3) dt.31-08-2022 2/2 concern with the seized illicit liquor or the truck. A statement has been made in para 3 of the petition that petitioner is accused in three other cases of similar nature apart from the present one.

Considering the fact that petitioner is accused in three other cases of similar nature apart from the present one, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

Accordingly, the petition is disposed off with a liberty to the petitioner to surrender before learned Court below and pray for regular bail. The learned Court below may consider the prayer for regular bail of the petitioner, keeping in view the facts discussed above and without being prejudiced by the order of this Court. (Sunil Kumar Panwar, J) Shageer/- U T