Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62315 of 2019 Arising Out of PS. Case No.-140 Year-2019 Thana- KARJA District- Muzaffarpur ====================================================== KUNDAN KUMAR Son of Late Ram Pukar Rai Resident of Village - Raksa, P.S.- Karja, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-10-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 23.8.2019 in a case registered for the offences punishable under Sections 30(a) and 38 of the Bihar Prohibition and Excise Act, 2016. The prosecution case is that on secret information that through a truck, liquor is being transported illegally, the truck in question was intercepted from which 5749.560 litres of country made liquor were recovered. It is alleged that apart from the driver of the truck, one Manjay Kumar was found sitting in the truck in question who disclosed the names of of co-accused Munna Yadav, Shakti Suman and the petitioner as the persons who were involved in getting the illicit liquor transported. It is submitted by learned counsel for the petitioner that both the driver of the truck in question and the person sitting in

Patna High Court CR. MISC. No.62315 of 2019(2) dt.23-10-2019 2/2 the truck, namely Manjay Kumar have been granted bail by coordinate Benches of this Court vide order dated 9.8.2019 and 23.8.2019 passed in Cr. Misc. Nos. 50050 of 2019 and 50903 of 2019 respectively. It is further submitted that the petitioner has been named by the co-accused.

Learned APP submits that huge quantity of illicit liquor was being transported.

Considering the fact that the petitioner was not found sitting in the truck in question, other accused persons being granted bail by Co-ordinate Benches of this Court and the period under custody, let the petitioner above named 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 Act, Muzaffarpur in connection with Karja P.S. Case No. 140 of 2019.

(Dinesh Kumar Singh, J) anil/- U