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Patna High CourtCR. MISC./56877/2025allowed

Kundan Kumar v. The State Of Bihar

2025-09-08Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56877 of 2025 Arising Out of PS. Case No.-168 Year-2025 Thana- BHAGWANPUR District- Vaishali ====================================================== Kundan Kumar, S/O Kumod Singh @ Kumod Kumar Singh, Resident of village- Prataptand Arya Tola, P.S.- Bhagwanpur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shanti Bhushan Singh, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Bhagwanpur P.S. Case No. 168 of 2025, instituted under Sections 317(5) of the B.N.S. and Section 30(a) of the Bihar Prohibition & Excise Act.

3. There is recovery of 918 litre foreign liquor from a Mahindra Pick-up Van bearing Registration No. BR 01GJ 9815. It is alleged that petitioner along with other co-accused managed to flee away from the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis of suspicion. Petitioner is neither driver nor owner of the Pick-up Van. He has no concern with the seized illicit

Patna High Court CR. MISC. No.56877 of 2025(2) dt.08-09-2025 2/2 liquor. Petitioner has no criminal antecedent. He undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1-cum-Addl. Distt. & Sessions Judge, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 168 of 2025, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

(Sunil Dutta Mishra, J. ) rakhi/- U T