Kunal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35154 of 2023 Arising Out of PS. Case No.-482 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== KUNAL KUMAR son of Ranjan Singh Village- Bari Aghu Mohan Eghu PsMuffasil Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Muffasil P.S. Case No. 482 of 2019 dated 13.09.2019 registered for the offences punishable under Sections 414 and 120B of the Indian Penal Code and u/s 30(a) of the Bihar Prohibition and Excise Act. As per the prosecution case, total 407.625 litres of illicit liquor has been recovered from the house of the coaccused.

Patna High Court CR. MISC. No.35154 of 2023(2) dt.25-05-2023 2/3 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The name of the petitioner has sprung up in the confessional statement of the co-accused persons. The petitioner is neither owner nor driver of the vehicles. The petitioner is accused in 17 other criminal cases out of which 16 are related to Excise Act as stated in para 3 of the bail petition. The petitioner is in custody since 27.04.2023. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Muffasil P.S. Case No. 482 of 2019, with the conditions:-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.35154 of 2023(2) dt.25-05-2023 3/3 cause, the bail bonds of the petitioner is liable to be cancelled.

2. If the petitioner is found involved in similar nature of offence in future, his bail bonds is liable to be cancelled. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T