Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66756 of 2024 Arising Out of PS. Case No.-180 Year-2022 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Kundan Kumar Son of Ram Bilok Ray @ Muni Jee Resident of VillageMohanpur, P.S- Shahpur Patori (O.P. Mohanpur), District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State .

2. Petitioner seeks regular bail in a case registered for the offence punishable under Sections 272, 273 and 30(a) of the Bihar Prohibition & Excise Act.

3 . As per the prosecution case, 127.875 litres illicit liquor was recovered from bullet motorcycle and scorpio in question .

4. Learned counsel for the petitioner submits that petitioner is neither owner nor driver of the vehicles in question . No incriminating material has been recovered from conscious possession of the petitioner and he has been made accused only on suspicion . Petitioner is in custody since 09.08.2024 .

Patna High Court CR. MISC. No.66756 of 2024(2) dt.06-12-2024 2/2 5 . Learned A.P.P. for the State vehemently opposed the bail application .

6. Considering the nature of accusation and period of custody, the bail application is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise , Court No.- II, Samastipur in connection with Patori (OP - Mohanpur ) P. S. Case No. 180 of 2022 .

(Prabhat Kumar Singh, J) Koushik/- U T