Kunal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28490 of 2022 Arising Out of PS. Case No.-3 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.

Kunal Kumar, Son Of Ranjan Singh Resident Of Village - Bari Aghu, P.S.- Muffasil, District - Begusarai.

2.

Vishal Kumar, Son Of Ranjan Singh Resident Of Village - Bari Aghu, P.S.- Muffasil, District - Begusarai.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar For the Opposite Party/s :

Mr. Kanhaiya Kishore (APP100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 290 and 120(B) of the I.P.C. and Section 30(a) of the Excise Act, 2018. The learned counsel for the petitioners submits that the petitioners have antecedent of 12 cases and the allegation is of recovery of 121.875 litre of liquor from cartons kept in a shop situated in front of the house of co-accused Navin Kumar Rai. The learned counsel for the petitioners submits that the petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession. It is next submitted that even the shop does not belong to the petitioners. It is further

Patna High Court CR. MISC. No.28490 of 2022(2) dt.12-08-2022 2/2 submitted that police implicated them based on confessional statement Shivam Kumar Singh, because of their antecedent. It is next submitted that confessional statement has no evidentiary value. The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Muffasil P. S. Case No.03 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T