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Patna High CourtCR. MISC./60800/2022allowed

Kundan Kumar v. The State Of Bihar

2022-12-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60800 of 2022 Arising Out of PS. Case No.-161 Year-2021 Thana- GAIGHAT District- Muzaffarpur ====================================================== Kundan Kumar Son Of Nago Singh @ Nageshwar Prasad Singh @ Nageshwar Singh R/O Village- Baruari, P.S.- Gaighat, Distt.- Muzaffarpur, Bihar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272, 273 and 414/34 of the Indian Penal Code and Sections 30(a), 36 and 41(i) of the Bihar Prohibition & Excise (Amendment)Act, 2018.

Allegedly, it is a case of recovery of only 6.900 liters of illicit liquor from a motorcycle.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that he has no concern with the seized liquor and the vehicle and no any incriminating article has been

Patna High Court CR. MISC. No.60800 of 2022(2) dt.02-12-2022 2/2 recovered from the conscious possession of the petitioner as well as petitioner has not been apprehended at the spot. After considering the fact that the meagre quantity of illicit liquor has been recovered, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Court No.I, Muzaffarpur in connection with Gaighat P.S. Case No. 161 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T