Kunal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36376 of 2019 Arising Out of PS. Case No.-216 Year-2019 Thana- MAHUA District- Vaishali ====================================================== KUNAL KUMAR, son of Rambabu Sah, r/o village- Halimpur, P.S.- Sahebganj, District- Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Rina Sinha For the Opposite Party/s :

Mrs.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 17-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Mahua P.S. Case No.216 of 2019 instituted for the offence under Section(s) 414 Indian Penal Code and Section(s) 30(a) of Bihar Prohibition and Excise Act, 2016.

Counsel for the petitioner submits that recovery of 4364.64 litres foreign liquor has been made from the truck. Driver of the truck was arrested, who disclosed his name as Rohtas. It is further alleged that one Bolero Car was going ahead of the truck. This petitioner along with two other accused were arrested from Bolero car.

From the seizure list, it is apparent that there is no recovery of illicit liquor from possession of the petitioner.

Patna High Court CR. MISC. No.36376 of 2019(3) dt.17-08-2019 2/2 Counsel for the petitioner submits that Petitioner is in custody since 17.04.2019 having clean antecedents. In the facts and circumstances of the case, prayer of the petitioner for grant of bail 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 Additional Sessions Judge cum Special Judge, Excise, Vaishali at Hajipur, in connection with Mahua P.S. Case No.216 of 2019, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- U T