Patna High CourtCR. MISC./51436/2018bail granted

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

2018-09-19Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51436 of 2018 Arising Out of PS.Case No. -105 Year- 2018 Thana -KUTUMBA District- AURANGABAD ====================================================== Kundan Kumar Singh @ Kundan Kumar, Son of Ajay Singh, Resident of Village- Kanchanpur, Nasib Bigha, P.S.- Narari Kala Khurd, DistrictAurangabad (Bihar). .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Binod Kumar Pandey For the Opposite Party/s : Mr. Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2018 Heard learned counsel for the petitioner.

Petitioner apprehends his arrest in connection with Kutumba P.S.Case No. 105 of 2018 registered for the offences punishable under Sections 30(a) and 38(ii) of Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 25 litres of liquor from the motorcycle of co-accused, who has been arrested at the spot and petitioner is owner of the motorcycle.

Submission of learned counsel for the petitioner is that there is no recovery from the possession of the petitioner and he has been implicated in this case because he is owner of the motorcycle and moreover he has no criminal antecedent. Heard learned APP also.

Patna High Court Cr.Misc. No.51436 of 2018 (2) dt.19-09-2018 2/2 Having heard both sides and in the facts and circumstances, let the petitioner, named above, in the event of his arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional District Judge-VII-cum-Special Judge, Excise Act, Aurangabad, in connection with Kutumba P.S.Case No. 105 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned.

(Vinod Kumar Sinha, J) spal/- U T