Patna High CourtCR. MISC./45972/2023bail granted

Kundan Kumar v. The State Of Bihar

2023-08-04Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45972 of 2023 Arising Out of PS. Case No.-250 Year-2023 Thana- MALSALAMI District- Patna ====================================================== KUNDAN KUMAR Son of Ashok Rai Resident of village - Bhaisani Tola, P.S. - Malsalami, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-08-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Malsalami P.S. Case No. 250 of 2023 registered for the offence under Sections 30 a, 36 and 37 of Bihar Prohibition and Excise Amendment Act, 2022.

4. As per the prosecution case, 166 liters of liquor was recovered from the possession of the petitioner.

5. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and his name has come in the confessional statement of the arrested person.

6. Learned counsel for the petitioner also submits that the petitioner is in custody since 12.06.2023.

Patna High Court CR. MISC. No.45972 of 2023(2) dt.04-08-2023 2/2

7. Learned A.P.P. has vehemently opposed the prayer for bail by contending that the petitioner is accused in two more cases registered under Excise Act.

8. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

9. Let the petitioner, above named, be released on bail after completing six months in custody on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna City in connection with Malsalami P.S. Case No. 250 of 2023.

10. After being released on bail, the petitioner will visit Malsalami Police Station on the first Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner. (Sandeep Kumar, J) Vikas/- U T