Kundan Kumar Paswan @ Kundan Kumar Manjhi @ Kunal Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52921 of 2024 Arising Out of PS. Case No.-143 Year-2024 Thana- GUTHANI District- Siwan ====================================================== Kundan Kumar Paswan @ Kundan Kumar Manjhi @ Kunal Kumar Paswan S/O Baccha Manjhi R/O Village- Sultanpur, P.S- Derni, Distt.- Saran Chhapra.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary, Adv.

For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Section 30(a) of the Bihar Prohibition and Excise Act, registered in connection with Guthani P.S. Case No. 143 of 2024.

3. As per prosecution case, there has been recovery of total 202.5 liters of liquor from the a tempo, which was being driven by the petitioner.

4. The learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case due to mala fide intention and has committed no offence. Petitioner is the driver of the seized vehicle in question and has no concern

Patna High Court CR. MISC. No.52921 of 2024(2) dt.12-08-2024 2/3 with the alleged recovery of liquor. No incriminating article has been recovered from his conscious possession. Petitioner is a person of clean antecedent and he is in custody since 09.06.2024.

5. Learned APP for the State has opposed the prayer of bail.

6. Considering the above facts and circumstances of the case as well as petitioner having clean antecedent, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No. 1, Siwan in connection with Guthani P.S. Case No. 143 of 2024, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court.

7. Before accepting the bail bonds, the criminal antecedent(s) of the petitioner shall be verified and if it is found that he is involved in any other case, except the present one, his bail bonds shall not be accepted. (Nawneet Kumar Pandey, J) Arish/- U T

Patna High Court CR. MISC. No.52921 of 2024(2) dt.12-08-2024 3/3