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Patna High CourtCR. MISC./49357/2019bail granted

Kundan Kumar v. The State Of Bihar

2019-08-16Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49357 of 2019 Arising Out of PS. Case No.-29 Year-2019 Thana- GADHPURA District- Begusarai ====================================================== KUNDAN KUMAR, Son of Moharlal Yadav @ Mohar Yadav @ Mohar @ Umashankar Yadav, Resident of Village - Ekambha, P.S.- Chhaurahi, Distt - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 16-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

Supplementary Affidavit has been filed today in Court stating that petitioner has one more criminal antecedents. Let it be kept with the record.

Petitioner seeks bail in Gadhpura P.S. Case No.29 of 2019 instituted for the offence under Section(s) 30(A) of Bihar Prohibition and Excise Act, 2016.

Counsel for the petitioner submits that recovery of illicit liquor has been made from the field of Manikpur pond. Petitioner has been arrested merely on suspicion. In the written report, it is alleged that Chaukidar disclosed name of this petitioner.

Patna High Court CR. MISC. No.49357 of 2019(2) dt.16-08-2019 2/2 Petitioner is in custody since 28.05.2019.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. 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 the Additional Sessions Judge II cum Special Judge, Excise, Begusarai, in connection with Gadhpura P.S. Case No.29 of 2019, subject to the condition that both the bailors shall be close relative of the petitioner. It appears that one more case under the Excise Act is pending against the petitioner. The petitioner will file an Affidavit at the time of his furnishing bail bond that he will not indulge in such activities in future. In the event, he is found indulged in such activity in future, his bail bond in the instant case shall liable to be cancelled.

(Sanjay Priya, J) J. Alam/- U T