Kunal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66070 of 2023 Arising Out of PS. Case No.-105 Year-2022 Thana- PASRAHA District- Khagaria ====================================================== 1.
Kunal Kumar Son Of Ranjan Singh Resident Of Village - Bari Aghu, Ward No.41, Police Station - Muffasil, District - Begusarai 2.
Vishal Kumar Son Of Ranjan Singh Resident Of Village - Bari Aghu, Ward No.41, Police Station - Muffasil, District - Begusarai ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bipin Kumar For the Opposite Party/s :
Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023 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 sections 30(a) of the Bihar Prohibition and Excise Act.
Prosecution case relates to recovery of 1696.86 litres of IMFL from three different vehicles. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the vehicle in question. The name of the petitioner has been disclosed in this case by the apprehended driver before the
Patna High Court CR. MISC. No.66070 of 2023(2) dt.01-11-2023 2/2 police, which has got no evidentiary value in the eye of law. Similarly situated other accused person has already been enlarged on anticipatory bail by this Court vide order dated 09.12.2022 passed in Cr. Misc. No. 61665 of 2022. He is languishing in judicial custody since 4.8.2023. 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 Judge II, Khagaria in connection with Pasraha P.S. Case No. 105 of 2022.
(Sunil Kumar Panwar, J) Sushma/- U