Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37896 of 2021 Arising Out of PS. Case No.-172 Year-2020 Thana- VAISHALI District- Vaishali ====================================================== Kundan Kumar, S/o Late Jai Narayan Thakur, R/o village- Madarna, P.S.- Vaishali, Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-12-2021 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Vaishali P.S. Case No.172 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

There is alleged recovery of 5.385 litres illicit liquor from the shop of co-accused Manoj Chaudhary. 343.59 litres liquor has also been recovered from the house of coaccused Vivek Kumar. Petitioner's implication is on the allegation that the illicit trade was being carried on at the instance of the petitioner along with others. Petitioner is member of the syndicate.

It is submitted by the petitioner's counsel that from

Patna High Court CR. MISC. No.37896 of 2021(2) dt.13-12-2021 2/3 the F.I.R. it is evident that there is no recovery from the petitioner or his property. On suspicion, he has been implicated. The petitioner has no criminal antecedents and is in custody since 20.03.2021.

Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-Cum-Excise Court, Vaishali at Hajipur, in connection with Vaishali P.S. Case No.172 of 2020, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

Patna High Court CR. MISC. No.37896 of 2021(2) dt.13-12-2021 3/3 (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T