Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48893 of 2024 Arising Out of PS. Case No.-278 Year-2024 Thana- Excise P.S. District- Patna ====================================================== Kundan Kumar Son of Nand Kishore Ray @ Nand Kumar Ray Resident of Village - Narayanpur, P.S.- Koilwar, District - Bhojpur (Ara) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satish Chandra, Adv.

For the Opposite Party/s :

Mr.J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 22-07-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Excise Danapur P.S. Case No. 278 of 2024, registered for the offences punishable under Sections 30(a) and 32(iii) of the Bihar Prohibition and Excise Act, 2018.

3. As per allegation, on secret information, the police reached near the P.O. where they arrested the petitioner and on search, altogether 75 litres of illicit country made liquor was recovered from his motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated and he is under custody since 03.03.2024. The petitioner is a

Patna High Court CR. MISC. No.48893 of 2024(2) dt.22-07-2024 2/2 person of clean antecedent.

5. Considering the above-mentioned facts and circumstances as well as clean antecedent, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge-Excise, Danapur at Patna in connection with Excise Danapur P.S. Case No. 278 of 2024, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioners and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) SONALI/- U T