Patna High CourtCR. MISC./49823/2023allowed

Kundan Kumar v. The State Of Bihar

2023-08-31Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49823 of 2023 Arising Out of PS. Case No.-8 Year-2023 Thana- BHORE District- Gopalganj ====================================================== Kundan Kumar, aged about 32 years, Male Son of Sudarshan Ray, Resident of Village- Parsa, P.S.- Parsa, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Bhore P.S. Case No. 08 of 2023 instituted for the offence punishable under Sections 30 (a), 41 (i) of Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, total 130.320 liters of foreign wine has been recovered from the tempo.

4. Learned counsel for the petitioner submits that petitioner is the owner of the tempo which is used as a commercial vehicle which was driven by the driver and the petitioner has no knowledge or concerned with the recovered wine. Nothing incriminating articles has been recovered from the possession of the petitioner. Petitioner has no criminal

Patna High Court CR. MISC. No.49823 of 2023(3) dt.31-08-2023 2/2 antecedent.

5. Learned A.P.P. for the State opposed the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner above named be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Additional District and Sessions Judge-II-cum-Special Excise Court No. 1, Gopalganj in connection with Bhore P.S. Case No. 08 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) Anand Kr.

U T