Patna High CourtCR. MISC./23646/2025bail granted

Kundan Kumar v. The State Of Bihar

2025-04-23Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23646 of 2025 Arising Out of PS. Case No.-43 Year-2025 Thana- Excise P.S. District- Lakhisarai ====================================================== Kundan Kumar S/O Pradip Saw R/O VILLAGE- BASMATIYA, P.S.- KIUL, DISTRICT- LAKHISARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manohar Prasad Singh For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Excise P.S. Case No. 43C2 of 2025 dated 18.01.2025 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 50 litres of illicit country-made liquor was recovered from the motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. As per para. 8 of the bail petition, the petitioner is neither the owner nor the driver of the said

Patna High Court CR. MISC. No.23646 of 2025(2) dt.23-04-2025 2/2 vehicle. The petitioner has no concern with the alleged recovery. The petitioner has one antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.01.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Lakhisarai in connection with Excise P.S. Case No. 43C2 of 2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T