Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38139 of 2023 Arising Out of PS. Case No.-261 Year-2023 Thana- FATEHPUR District- Gaya ====================================================== Kundan Kumar S/O Harendra Vishwakarma R/O Village- Baigoun, Ps. Paraiya, Dist. Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 90 litres of illicit Indian made foreign liquor from a car driven by the petitioner. It is submitted by learned counsel for the petitioner that petitioner is innocent and he 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 illicit liquor. The

Patna High Court CR. MISC. No.38139 of 2023(2) dt.14-07-2023 2/2 petitioner is languishing in custody since 09.04.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-cum-Exclusive Special Excise Court No. 1, Gaya in connection with Fatehpur P.S. Case No. 261 of 2023. (Sunil Kumar Panwar, J) Shageer/- U T