Kundan Ram @ Kundan Kuamar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54884 of 2022 Arising Out of PS. Case No.-28 Year-2022 Thana- CHANAN District- Lakhisarai ====================================================== Kundan Ram @ Kundan Kuamar Son Of Late Prakash Ram R/O VillageKundar, P.S.- Chanan, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mayank Bilochan For the Opposite Party/s :

Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Chanan P.S. Case no. 28 of 2022 instituted for the offence under Sections 30(a)(b)(c) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 100 liters illicit country made liquor from forest area which is situated near Kundar Village.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case on basis of mere suspicion. Petitioner has no concern with the alleged recovery of illicit liquor. Place of occurrence is an open place

Patna High Court CR. MISC. No.54884 of 2022(2) dt.17-11-2022 2/2 which does not belong to the petitioner. It is further submitted that the local villagers have disclosed the name of the accused persons including this petitioner. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Chanan P.S. Case no. 28 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-IVcum-Special Excise Court-1, Lakhisarai subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) amandeep/- U T