Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48411 of 2021 Arising Out of PS. Case No.-67 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Banka ====================================================== KUNDAN KUMAR S/o Vakil Thakur Resident of Village- Jhanjhara, P.S.- Pasraha, Dist.- Khagariya.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Vibhakar Kumar For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-09-2021 This matter has been taken up for hearing on-line because of COVID-19 Pandemic restrictions.

Heard learned counsel for the parties.

This application for grant of regular bail arises out of Excise Complaint No. 67 of 2020, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

The petitioner is in custody since 20.08.2020. His prayer for regular bail was earlier rejected by an order dated 12.01.2021 passed in Cr. Misc. No. 35359 of 2020. The petitioner has renewed his prayer for bail by filing the present application.

The petitioner was apprehended on the spot on the allegation of recovery of 547.5 liters of Indian made foreign

Patna High Court CR. MISC. No.48411 of 2021(2) dt.01-09-2021 2/2 liquor from a pick-up van owned by the petitioner. Learned counsel for the petitioner has submitted that he has remained in custody for more than a year. It has been stated in paragraph 3 of the application that the petitioner has no criminal antecedent.

Considering the facts and circumstances, particularly, period of incarceration, this application is allowed. Let the petitioner, above named, 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 the learned Additional Sessions Judge-II, Banka, in Excise Complaint Case No. 67 of 2020.

(Chakradhari Sharan Singh, J) Pawan/- U T