Kunal Singh @ Toofan Singh @ Kunal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75499 of 2018 Arising Out of PS. Case No.-487 Year-2018 Thana- MADHAURAH District- Saran ====================================================== Kunal Singh @ Toofan Singh @ Kunal, Son of Prem Pratap Singh, resident of Village- Marhowrah Khurd, P.S. Marhowrah, District Saran at Chapra. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 21-12-2018 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Marhowrah PS Case No. 487/2018 for the alleged offence under Sections 120B/34 of the Indian Penal Code and under Sections 30/38 and 41 of the Bihar Prohibition and Excise Act, 2016.

Learned counsel representing the petitioner submits that petitioner has no criminal antecedent. He further submits that name of the petitioner has surfaced on the confessional statement made by Birendra Singh and Chhotelal. He submits that petitioner is not involved in the trade of liquor and has no concern with the seized liquor. He also submits that the truck does not belong to the petitioner.

Considering that petitioner has no criminal antecedent

Patna High Court Cr.Misc. No.75499 of 2018(2) dt.21-12-2018 2/2 and his name has surfaced on the confessional statement of Birendra Singh and Chhotelal and the fact that he disowns his involvement in the case and ownership over the vehicle which was used in trnasportation of the liquor, this application is allowed.

Accordingly, in the event of arrest or surrender before the court below within a period of one month from today, the petitioner above named, is directed to 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 Special Excise Court (A.D.J. 6th), Saran at Chapra in connection with Marhowrah PS Case No. 487/2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Upadhyay, J) mrl./- U T