Kunkun Mushar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80424 of 2023 Arising Out of PS. Case No.-608 Year-2023 Thana- KAHALGAON District- Bhagalpur ====================================================== Kunkun Mushar Son Of Gunsagar Mushar Resident Of Village- Indira Awash Colony, Ps- Ntpc, Distt- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar Mishra For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Kahalgaon P.S. Case No. 608/23 Special Excise Case No. 2820/23 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016 and Amendment Act, 2018.

As per prosecution case, petitioner is said to have been apprehended by the police while trying to escape on a bicycle which was loaded with a sack from where 50 litre country made Mahua wine was recovered.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. It is

Patna High Court CR. MISC. No.80424 of 2023(2) dt.20-12-2023 2/3 further submitted that petitioner is not in any way connected with the bicycle in question and he has no knowledge about the alleged recovery made from the said bicycle. No incriminating article has been recovered from conscious possession of the petitioner. Petitioner is in custody since 28.05.2023. It is further submitted that charge sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence. Petitioner bears criminal history of two cases. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, argument advanced on behalf of both sides and also taking into consideration the material available on record, 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 Special Judge II, Excise, Bhagalpur in connection with Kahalgaon P.S. Case No. 608/23 Special Excise Case No. 2820/23, subject to the following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the

Patna High Court CR. MISC. No.80424 of 2023(2) dt.20-12-2023 3/3 affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) asmit/- U T