Kundan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47285 of 2022 Arising Out of PS. Case No.-7 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Buxar ====================================================== Kundan Kumar Singh Son Of Satdev Singh Resident Of Village - Chilhari, P.S.- Dumraon, Distt.- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mohit Shriwastava For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a) & 32(3) of the Bihar Prohibition & Excise Act. There is recovery of 77.4 litres of Indian made Foreign Liquor from motorcycle. Two persons, namely, Manoj Kumar and Vishal Kumar apprehended from the spot. They disclosed the name of the petitioner as the owner of the alleged motorcycle.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing

Patna High Court CR. MISC. No.47285 of 2022(2) dt.11-11-2022 2/3 has been recovered from the conscious possession of the petitioner. The name of the petitioner has surfaced in this case only because he is the owner of the said vehicle. One apprehended person, namely, Manoj Kumar is the Cousin of the petitioner who took the motorcycle of the petitioner from the petitioner's mother. It is also submitted that the petitioner has no concern in any manner from the alleged recovered illicit liquor. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. The petitioner is directed to deposit a sum of Rs. 10,000/-(Rupees Ten Thousands) in the District Legal Services Authority, Buxar.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of Learned Special Judge Excise No. II, Buxar in connection with Buxar Excise P.S. Case No. 07 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.47285 of 2022(2) dt.11-11-2022 3/3 The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 10,000/-(Rupees Ten Thousands) in District Legal Services Authority, Buxar.

(Sunil Kumar Panwar, J) nirajkrs/- U T