Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39114 of 2025 Arising Out of PS. Case No.-129 Year-2025 Thana- SIRDALA District- Nawada ====================================================== Kundan Kumar Son of Mithlesh Yadav, R/o Village- Gurpa, P.S.- Fatehpur, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 520 litres of illicit country made liquor has been recovered from three motorcycles.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case on the basis of disclosure made by apprehended co-accused person. Nothing has been recovered from the conscious possession of the petitioner and petitioner has no concern with the alleged

Patna High Court CR. MISC. No.39114 of 2025(2) dt.01-07-2025 2/2 recovery. Petitioner is neither owner nor driver of any of the seized vehicles in question. Petitioner carries one criminal antecedent of similar nature, but he is on bail in the said case as mentioned in the paragraph no. 3 of the bail petition.

5. Learned APP for the State has opposed the bail petition.

6. Considering the aforesaid facts and circumstances, let the petitioner, above-named, in the event of his arrest / surrender before the learned trial Court within a period of eight weeks from today, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-I, Nawada, in connection with Sirdalla P.S. Case No. 129 of 2025, subject to the condition as laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the B.N.S.S., 2023. (Prabhat Kumar Singh, J) Shahnawaz/- U T