Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62017 of 2022 Arising Out of PS. Case No.-463 Year-2022 Thana- BIDUPUR District- Vaishali ====================================================== KUNDAN KUMAR Son of Ashok Bhagat R/V- Kutubpur, P.S- Bidupur, DistVaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivjee Singh, Advocate For the Opposite Party/s :
Mr. Md. Shakir Ahmad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 1877.505 liters of liquor from petitioner's house. Learned counsel submits that petitioner has been falsely implicated in the present case, it is next submitted that nothing was recovered from his house, it is also submitted that from perusal of the seizure list, it would manifest that at Column 4, the name of the witnesses is recorded as Devnath Sharma and Sarwan Kumar but from perusal of Column 6 of the seizure list,
Patna High Court CR. MISC. No.62017 of 2022(2) dt.23-11-2022 2/2 it would manifest that one Jagatnand Ram and Sarwan Kumar Singh have signed as witnesses as such there is difference in Para 4 and Para 6 of the seizure list which creates doubt with regard to the veracity of the seizure.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bidupur P.S. Case No. 463 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) HarshPandey/- U T