Patna High CourtCR. MISC./48916/2021bail granted

Kundan Kumar v. The State Of Bihar

2021-10-06Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48916 of 2021 Arising Out of PS. Case No.-84 Year-2021 Thana- BHADAUR District- Patna ====================================================== Kundan Kumar S/O Vinay Kumar @ Binay Prasad @ Vinay Kumar R/o village- Tetri Chak, P.S.- Dhanarua, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Kumar, Adv.

For the Opposite Party/s :

Mr. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-10-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 126 litres of country liquor was recovered from the tempo of which the petitioner was the driver. He was arrested on the spot.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession or from his vehicle. He has been falsely implicated in the case. The petitioner has no criminal antecedent and is in custody since 8.4.2021. Charge sheet has been submitted in the case.

It is submitted that the urgency in taking up this

Patna High Court CR. MISC. No.48916 of 2021(2) dt.06-10-2021 2/2 matter out of turn is that the mother of the petitioner died on 29.9.2021.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case together with the petitioner not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Special Case no.2780 of 2021 (arising out of Bahadurpur P.S. Case no. 84 of 2021) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna.

(Partha Sarthy, J) Bibhash/- U