Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33124 of 2025 Arising Out of PS. Case No.-122 Year-2025 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Kundan Kumar S/o Uma Shankar singh R/o vill - Nayagaown, P.S.- Nayagaown, Distt.- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shubhesh Pandey For the Opposite Party/s :
Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-05-2025 Heard the parties
2. The petitioner is named in the F.I.R.
and apprehending his arrest in connection with Begusarai Town P.S. Case No. 122 of 2025 registered for the offences punishable under Section 318(4), 61(2) of BNS and 30(a), 32(2), 32(3), 36, 41(1) of the Excise Act.
3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 123.450 liters of country made liquor.
4. It is submitted by learned counsel
Patna High Court CR. MISC. No.33124 of 2025(2) dt.19-05-2025 2/3 appearing on behalf of the petitioner that when police team raided house of Ram Naresh Singh, one Sonu Kumar was found sitting inside car bearing registration no. BR 06 BT 3758, which was apprehended by police personnels for the reasons that upon search the aforesaid quantity of liquor was found inside the car. It is submitted that said apprehended co-accused namely Sonu Kumar named petitioner. It is submitted that as per seizure list no recovery of illicit liquor was made from the physical possession of this petitioner who found involved in four more criminal cases.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual and legal submission and by taking note of fact as, recovery of illicit liquor prima-facie not appears to be made from the conscious physical possession of this petitioner, accordingly petitioner above-named, in the event of his
Patna High Court CR. MISC. No.33124 of 2025(2) dt.19-05-2025 3/3 arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge 1st, Begusarai/ concerned Court, where the case is pending in connection with Begusarai Town P.S. Case No. 122 of 2025, subject to the conditions as laid down under Section 482(2) of BNSS., subject to further conditions:- "(i) That petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.
(Chandra Shekhar Jha, J) Sudha/- U T