Kundan Kumar @ Kundan @ Kundan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32489 of 2025 Arising Out of PS. Case No.-390 Year-2025 Thana- ALAMGANJ District- Patna ====================================================== KUNDAN KUMAR @ KUNDAN @ KUNDAN KUMAR SINGH S/oMadan Mohan Singh Village- Gurhatta Kela Mandi Ps- Khajekalan DistPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Kanhiya Kishor ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 20-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Alamganj P.S. Case No. 390 of 2025 registered for the offences punishable under Sections 30(a) and 32 of Bihar Prohibition and Excise Act 2022.

3. As per prosecution case, there was alleged recovery of 40 litre country made mahua liquor from the scooty in question and co-accused, Raven Kumar, was apprehended on the spot. It is alleged that co-accused, Raven Kumar, disclosed that aforesaid liquor belongs to the petitioner.

4. Learned counsel for the petitioner submits through para 15 of the bail petition that petitioner is not the

Patna High Court CR. MISC. No.32489 of 2025(2) dt.20-05-2025 2/3 owner of the scooty in question. Learned counsel further submits that petitioner is innocent and has committed no offence as alleged in the FIR. Except disclosure of co-accused, Raven Kumar, there is nothing on record to connect the petitioner with the alleged occurrence. Petitioner has inimical term with the said co-accused so he has falsely been implicated in the case by him. Learned counsel further submits that petitioner is not found at the place of occurrence. Petitioner bears criminal antecedent of four cases and orally submits that petitioner is on bail in all the cases. Nothing has been recovered from the conscious possession of the petitioner.

5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court of Excise, Patna City, District-Patna in connection with

Patna High Court CR. MISC. No.32489 of 2025(2) dt.20-05-2025 3/3 Alamganj P.S. Case No. 390 of 2025, subject to the conditions as laid down under Section 482(2) of B.N.S.S. (Alok Kumar Pandey, J) vashudha/- U T