Patna High CourtCR. MISC./66183/2025bail granted

Kundan Kumar Singh @ Kundan Singh v. The State Of Bihar

2025-09-24Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66183 of 2025 Arising Out of PS. Case No.-210 Year-2025 Thana- MANJHI District- Saran ====================================================== Kundan Kumar Singh @ Kundan Singh Son of Jairam Singh @ Jayram Singh R/o Village - Fulwariya, P.S. - Manjhi, Dist. - Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Manjhi P.S. Case No. 210 of 2025 registered for the alleged offences under Section 30(a)(c) of Bihar Prohibition and Excise Act.

3. As per prosecution case, three persons started running away on seeing the police party and the police could not catch them. The chaukidar disclosed the name of this petitioner and co-accused Praveen Kumar Singh as the persons who fled away on seeing the police party. The place where the miscreants were standing, from three bags left by them, recovery of 198.55 litres of foreign liquor was made.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.66183 of 2025(2) dt.24-09-2025 2/3 petitioner is innocent and has been falsely implicated in this case. The petitioner was not apprehended from the spot and nothing incriminating has been recovered from the person or possession of the petitioner. The petitioner has been made accused in this case merely on suspicion and he is not the owner of the orchard from where recovery has been made and he has no concern with the seized liquor. Co-accused Praveen Kumar Singh has been granted bail vide order dated 12.08.2025 passed in Cr. Misc. No. 52300 of 2025 by learned Co-ordinate Bench and anticipatory bail petition of the petitioner has been rejected by the same order as the petitioner was having two criminal antecedent. The petitioner is in custody 25.08.2025.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the nature of recovery and grant of anticipatory bail to the coaccused and further considering the period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Exclusive Special Excise Judge, Saran at

Patna High Court CR. MISC. No.66183 of 2025(2) dt.24-09-2025 3/3 Chapra/concerned Court in connection with Manjhi P.S. Case No. 210 of 2025, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions : (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) DKS/- U T