Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30711 of 2022 Arising Out of PS. Case No.-471 Year-2021 Thana- TEKARI District- Gaya ====================================================== KUNDAN KUMAR Son of Dilip Das Resident of village - Dharhara Tola, Malah Bigha, P.O. and P.S.- Konch, District - Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Rashmi For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

10 litres of illicit liquor has been recovered from the motorcycle of the petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the petitioner has got no criminal antecedent of similar nature as stated in paragraph-3 of the bail application. It is submitted that two persons were apprehended at the spot. The petitioner has also been made

Patna High Court CR. MISC. No.30711 of 2022(2) dt.08-09-2022 2/3 accused in the present as he is owner of the motorcycle. It is further submitted that nothing has been recovered from the conscious possession of the petitioner.

Petitioner is agree to deposit a sum of Rs. 10,000/- (rupees ten thousand) in Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Taking into consideration the fact that there is no recovery from the conscious possession of the petitioner, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Court of Exclusive Special Excise Court No.2, Gaya in connection with Tekari P.S. Case No.471 of 2021, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the further conditions that: (i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any

Patna High Court CR. MISC. No.30711 of 2022(2) dt.08-09-2022 3/3 similar offence till conclusion of the trial. (Anjani Kumar Sharan, J) Sanjay/- U T