Patna High CourtCR. MISC./69757/2024rejected

Kundan Kumar @ Kundal Kumar v. The State Of Bihar

2025-01-18Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69757 of 2024 Arising Out of PS. Case No.-34 Year-2024 Thana- CHANDAN District- Banka ====================================================== Kundan Kumar @ Kundal Kumar S/O Mahendra Mandal R/O VillageRamudih, Police Station- Jasidih, District- Deoghar (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Chandan P.S Case No. 34 of 2024 instituted for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per allegation in the FIR, total 269.25 litres of illicit liquor has been recovered from Scorpio car bearing registration no.JH15M-6913 and the petitioner is registered owner of the said vehicle.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that petitioner has got no criminal antecedent as stated

Patna High Court CR. MISC. No.69757 of 2024(3) dt.18-01-2025 2/2 in para-3 of the petitioner and further states that there is not recovery from the conscious or physical possession of the petitioner. He next submits that similarly situated co-accused has been granted regular bail by this Court passed in Cr. Misc. No. 38542 of 2024.

5. Learned APP appearing for the State has opposed the prayer for bail of the petitioner and submits that granting anticipatory bail to the petitioner may affect the investigation of this case.

6. From perusal of the F.I.R., seizure list and impugned order dated 18.06.2024, it appears that the alleged recovery from a Scorpio car and the petitioner was registered owner of the said vehicle and the present petition is barred by Section 76 (2) of Bihar Prohibition and Excise Act, 2016, so I am not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, prayer for anticipatory bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T