Kundan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68909 of 2025 Arising Out of PS. Case No.-100 Year-2025 Thana- BARIYARPUR District- Munger ====================================================== Kundan Singh S/o- Shambhu Singh, R/o Village- Rampur Horil P.S.- Vaishali Belsar O.P, Dist- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nachiketa Jha, Advocate.

For the Opposite Party/s :

Mr. Bharat Bhushan, 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), 32 & 41(1) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 4453.2 litre illicit foreign liquor from the Container Truck bearing Registration No. WB-15B-4515 which was driven by the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis suspicion. He further submits that petitioner was the driver of the seized vehicle and he had no knowledge with regard to the fact that illicit liquor was kept in the seized truck. Learned counsel submits that no incriminating

Patna High Court CR. MISC. No.68909 of 2025(2) dt.24-09-2025 2/2 article has been recovered from the conscious possession of petitioner. He further submits that petitioner is not the owner of the seized truck and he has no concern with the alleged seized liquor. Learned counsel submits that petitioner is in custody since 09.07.2025, having one criminal antecedent, which does not belongs to Excise Act, in which he is on bail and charge sheet had already been submitted in the present case after completion of investigation. He further submits that there is no likelihood of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the 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 Bariyarpur P.S. Case No.100 of 2025.

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