Patna High CourtCR. MISC./52622/2019allowed

Kundan Kumar v. The State Of Bihar

2019-08-23Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52622 of 2019 Arising Out of PS. Case No.-366 Year-2019 Thana- PURNEA SADAR District- Purnia ====================================================== Kundan Kumar Son of Naresh Yadav Resident of Village - Bindi Toli Maranga, P.S.- Maranga (K. Hat), Distt - Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 23-08-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Sadar P.S. Case No. 366 of 2019 giving rise to the special case no. 547 of 2019 for the offence under sections 272 and 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner would submit that petitioner has no criminal antecedent.

In the instant case total 685.800 liters of foreign liquor was seized.

Learned counsel for the petitioners submits that petitioners are in custody since 20.7.2019.

Considering the fact that petitioner has no criminal

Patna High Court CR. MISC. No.52622 of 2019(2) dt.23-08-2019 2/2 antecedent, the Court is inclined to grant bail to the petitioner, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 50,000/- (Fifty thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional District Judge cum Special Judge, Excise, Purnea, in connection with Sadar P.S. Case No. 366 of 2019, Special Case No. 547 of 2019 subject to the condition that petitioner shall deposit Rs. 50,000/ case before the Court below then the court below shall release the petitioner and the amount deposited by the petitioner shall abide by final outcome of pending criminal case i.e. if the petitioner acquits the amount shall be refunded otherwise the same shall be forfeited.

(Anil Kumar Upadhyay, J) Ravi/- U T