Kunal Kumar @ Kunal Kishore v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49064 of 2019 Arising Out of PS. Case No.-230 Year-2019 Thana- BELAGANJ District- Gaya ====================================================== KUNAL KUMAR @ KUNAL KISHORE, aged about 35 years, Male, Son of Tanik Singh @ Yogendra Kumar, Resident of Village- Ore, P.S. - Belaganj, District- Gaya at present Village- Kormathu, P.S.- Belaganj, District- Gaya ... Petitioner

Versus

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

For the Petitioner :

Mr. Prithivi Raj Singh, Adv.

For the Opposite Party :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Belaganj P.S. Case No. 230 of 2019 for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The accusation is that in course of patrolling duty the informant received information that Kunal Kumar (petitioner) used to sell liquor illegally in his Raja Line Hotel, situated on N.H. No. 83, the informant reached there, but, petitioner succeeded to flee away. On search of hotel four bottles of beer each of 500 ml recovered from a refined plastic jar. On search of campus of hotel, eight empty bottles of Indian made foreign liquor also recovered. Karma Murmu, employee of the

Patna High Court CR. MISC. No.49064 of 2019(2) dt.06-08-2019 2/2 petitioner, disclosed tat petitioner being the owner of the hotel used to carry liquor and supply to the customer. Learned counsel appearing for the petitioner submits that hotel, in question, is of the petitioner, but, the same was handed over to Karma Murmu for running the same and due to ulterior motive the petitioner has been implicated in this case. Petitioner has no criminal antecedent.

Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Belaganj P.S. Case No. 230 of 2019 shall be released on pre-arrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Gaya, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T