Patna High CourtCR. MISC./22116/2025bail granted

Kundan Kumar @ Kundan Kumar Singh @ Kundan Singh v. The State Of Bihar

2025-04-10Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22116 of 2025 Arising Out of PS. Case No.-87 Year-2021 Thana- TEGHRHA District- Begusarai ====================================================== Kundan Kumar @ Kundan Kumar Singh @ Kundan Singh S/o Ramshankar Singh R/o Village- Bajalpura, P.S.- Teghrha, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Prabhat, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Teghra P.S. case No. 87 of 2021 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 27 liters liquor was recovered from hut.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery

Patna High Court CR. MISC. No.22116 of 2025(2) dt.10-04-2025 2/3 of liquor. It is further submitted that the hut in question does not belong to the petitioner rather belongs to co-accused Gore Lal Yadav. The petitioner is in custody since 29.01.2025 and has got six criminal antecedents. There is no compliance of Section 103 of B.N.S.S., 2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Teghra P.S. case No. 87 of 2021 subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance

Patna High Court CR. MISC. No.22116 of 2025(2) dt.10-04-2025 3/3 on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Pankaj/- U T