Kundan Kumar @ Kundan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 35144 of 2018 Arising Out of PS. Case No.-43 Year-2018 Thana- Bhagwan Bazar District- Saran ====================================================== Kundan Kumar @ Kundan Rai, Son of Ganesh Rai, Resident of MohallaGudari Bazar Machhri Hatta Dompara, P.S.- Bhagwan Bazar, District- Saran at Chapra.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Akhileshwar Pandey For the Opposite Party/s :

Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

27-06-2018 Heard Sri Akhileshwar Pandey, learned counsel for the petitioner and Smt. Sangeeta Sharma, learned Addl. Public Prosecutor.

The sole petitioner, having clean antecedent which fact has been stated in paragraph - 3 of the petition apprehending his arrest in Bhagwan Bazar P.S. Case No. 43 of 2018 registered for offence under Section 30 of Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

Learned counsel for the petitioner submits that petitioner has falsely been made accused in the present case, as if, police had received secret information that petitioner was indulged in selling liquor and thereafter, police arrived and it

Patna High Court Cr.Misc. No.35144 of 2018(2) dt.27-06-2018 2/2 was alleged, as if, petitioner fled away after seeing the police. Learned counsel for the petitioner submits that in the F.I.R., it has not been stated by the informant, who is police officer, as to how he knew the name of petitioner, only a vague fact has been stated that villagers stated the name of petitioner. Be that as it may, considering the nature of accusation as well as the fact that petitioner is having clean antecedent, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner namely Kundan Kumar @ Kundan Rai be enlarged 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 District & Sessions Judge - VI, Saran at Chapra in connection with Bhagwan Bazar P.S. Case No. 43 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J.) anay U T