Kundan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35272 of 2020 Arising Out of PS. Case No.-186 Year-2020 Thana- KARJA District- Muzaffarpur ====================================================== KUNDAN SINGH Son of Lal Babu Singh Resident of Village - Phanda, P.S.- Karja, Distt.- Muzaffarpur. .. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nachiketa Jha, Adv.

For the Opposite Party/s :

Mr. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-12-2020 Heard Mr. Nachiketa Jha, learned counsel for the petitioner and Mr. Matloob Rab, Additional Public Prosecutor for the state through video conferencing.

2. Petitioner seeks regular bail in connection with Karja PS Case No. 186/2020 registered for the offence punishable under Sections 30 of Bihar Prohibition & Excise Act.

3. The allegation, as per First Information Report, is that the police intercepted one truck as well as a Wagon R Car and recovered total quantity of 2136.600 litres of illicit foreign liquor from the truck and 72 litres from the Wagon R car. The petitioner has been arrested from the Wagon R Car.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case due to oblique motive. Learned counsel, referring to para-7 of the petition, submits that petitioner is not the owner of the car and no illicit liquor has been recovered from his conscious possession. Learned counsel for the

Patna High Court CR. MISC. No.35272 of 2020(2) dt.21-12-2020 2/2 petitioner further submits that petitioner is in custody since 21.07.2020 and the co-accused who was arrested from the truck has been granted bail by this Court in Cr. Misc. No. 30900/2020

5. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is not the owner of car and he is in custody since 21.07.2020 having no criminal antecedents and the co-accused person has been granted bail by this Court, I am inclined to grant regular bail to the petitioner.

6. Accordingly, let the petitioner, KUNDAN SINGH be released 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-II-cumSpecial Judge, Nawada in connection with Karja PS Case No. 186/2020.

7. It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines of social distancing. (Anil Kumar Sinha, J) perwez U T