Kunal Singh @ Kunal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60875 of 2023 Arising Out of PS. Case No.-253 Year-2023 Thana- GORAUL District- Vaishali ====================================================== Kunal Singh @ Kunal Kumar S/O Virchandra Singh Village- Chainpur PsGoraul Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under Section 30(a), 32(ii), 38(2) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 480 liters of IMFL from a truck and a Pulsar motorcycle. 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. He has no concern with the alleged recovery of liquor or with the vehicles in question. The name of the petitioner has been disclosed in this case by the apprehended co-accused, before the police which has got no evidentiary value in the eye of law. Neither the petitioner was arrested on spot nor any incriminating article has been recovered

Patna High Court CR. MISC. No.60875 of 2023(2) dt.22-09-2023 2/2 from his conscious possession. Provision of Section 100 Cr.P.C. has not been followed by the police personnel while preparing the seizure list. The other co-accused namely, Mannu Singh @ Radhanandan Singh has already been enlarged on bail by another coordinate Bench of this Court vide order dated 19.08.2023 passed in Cr. Misc. No.52388 of 2023 which is annexed as Annexure-P3 of this petition. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 12.08.2023. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.I-cum-Additional Sessions Judge, Vaishali at Hajipur in connection with Goraul P.S. Case No. 253 of 2023.

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