Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 61874 of 2022 Arising Out of PS. Case No.-213 Year-2022 Thana- CHAUTHAM District- Khagaria ====================================================== KUNDAN KUMAR, aged 24 years (Male), son of Janardan Yadav, resident of Village - Nonha, Police Station - Mansi, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Viveka Nandsingh, Advocate For the Opposite Party/s :

Mr Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 06-01-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar through Virtual Mode.

The petitioner seeks bail in Chautham Police Station (for brevity, PS) Case No 213 of 2022 registered for the offence punishable under Sections 30 (a), 32 (I) (II), 41 (I) (II), 36 of Bihar Prohibition and Excise Act, 2022 and Section 420 of Indian Penal Code.

There is alleged recovery of illicit liquor from two vehicles. From the petitioner's vehicle, the alleged quantum of recovery is 103.50 liters. Four persons, including the petitioner, are stated to be in the vehicle.

Petitioner's counsel submits that it is a case of false

Patna High Court CR. MISC. No.61874 of 2022(2) dt.06-01-2023 2/3 implication. Petitioner has no concern with the alleged recovery. Co-accused Ashutosh Kumar @ Manjit Kumar has been allowed bail by this Court in Cr Misc No 60328 of 2022. The petitioner is on bail in the two cases pending against him since before. In the instant case, he is in custody since 06.08.2022.

Learned APP has opposed the prayer for bail.

Having considered the rival submissions, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail is allowed. Let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Excise Judge I, Khagaria in Chautham PS Case No 213 of 2022 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on

Patna High Court CR. MISC. No.61874 of 2022(2) dt.06-01-2023 3/3 each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T