Kundan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67100 of 2025 Arising Out of PS. Case No.-530 Year-2025 Thana- MADHAURAH District- Saran ====================================================== Kundan Kumar Singh S/o Late Dhirendra Singh, Resident of Vill.- Bhawalpur, P.S. Marhowrah, Dist.- Saran- 841418. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shirish Anurag, Advocate.

Mr. Dhiraj Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, there is recovery of 45.78 litre illicit foreign liquor kept in a bag from the Hero Splendor motorcycle bearing Registration No. BR-04AV-9920 and the petitioner alongwith co-accused were apprehended on the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that petitioner is not the owner of the seized motorcycle and he has no concern with the alleged seized liquor. Learned counsel submits that no incriminating article has been recovered from the conscious possession of petitioner. He

Patna High Court CR. MISC. No.67100 of 2025(2) dt.24-09-2025 2/2 further submits that there is no independent witness to the seizure list. Learned counsel submits that petitioner is in custody since 24.07.2025 and he has two criminal antecedents. He further submits that there is no likelihood of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the investigation and trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned in connection with Marhowrah P.S. Case No.530 of 2025.

(Sunil Dutta Mishra, J) Ritik/- U T