Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24254 of 2019 Arising Out of PS. Case No.-22 Year-2019 Thana- BIKRAM District- Patna ====================================================== KUNDAN KUMAR Son of Ajay Singh @ Ajay Sharma, Resident of VillageArap, P.S.- Bikram, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Pandey For the Opposite Party/s :

Mr.Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 16-04-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Bikram P.S. Case No. 22 of 2019 registered for offence punishable under section 30 (a) of the Bihar Excise Prohibition Amendment Act, 2016. A car loaded with 119 litres of illegal foreign liquor has been seized. The villager has taken the name of this petitioner to be the owner of the car.

The learned counsel for the petitioner submits that the petitioner does not know Prabha Devi of village Aspura nor he is the owner of the car, inasmuch as he does not know who is owner of the car and also he does not have any information as to which the owner of the car.

Patna High Court CR. MISC. No.24254 of 2019(2) dt.16-04-2019 2/2 In such view of the matter, the petitioner is granted provisional bail and he, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on provisional bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Patna in connection with Bikram P.S. Case No. 22 of 2019, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence.

The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. The court below will verify the ownership of the car. If it is found that the petitioner is not close relative nor owner of car, in such circumstance, the bail of the petitioner will be confirmed. In contra, the relief granted to the petitioner will be treated to have been withdrawn.

(Shivaji Pandey, J) mkchy/- U T