Kamal Kumar @ Kamal Kapar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6336 of 2021 Arising Out of PS. Case No.-294 Year-2020 Thana- KADAMKUAN District- Patna ====================================================== Kamal Kumar @ Kamal Kapar Son Of Late Sonelal Kapar Resident Of Kazipur, P.S. - Kadam Kuan, District - Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ajay Kr Singh No.1 For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-09-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

The petitioner is apprehending his arrest in a case registered under Section 37(b)(c) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that the accused persons in drunken state damaged the articles of the shop of the informant.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. There is no recovery of liquor from the possession of the petitioner. As per the allegation, the petitioner was in drunken

Patna High Court CR. MISC. No.6336 of 2021(3) dt.13-09-2021 2/2 state. Due to previous enmity with the informant, the petitioner has been made accused in the present case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Special Judge, Excise, Patna in connection with Kadamkuan P.S. Case No. 294/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T