Kundan Yadav @ Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57651 of 2018 Arising Out of PS. Case No.-62 Year-2018 Thana- SAUR BAZAR District- Saharsa ====================================================== Kundan Yadav @ Kundan Kumar, Son of Late Ramu Yadav, Resident of Village- Laxminiyan Kanp, P.S.- Sour Bazar, District- Saharsa. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

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

Mr. Arun Kumar Singh -5, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered for offence punishable under Section 30 (a) of Bihar Excise Amendment Act.

It is contended that, as per allegation, 117 liters foreign liquor was recovered from a vehicle. It is contended that nothing has been recovered from the conscious possession of the petitioner and he was also not apprehended from the spot. His name has come in this case only on the basis of disclosure made by one apprehended co-accused Raj Kumar Yadav. It is urged that the petitioner is in custody since 03.07.2018. It is stated in paragraph 3 that the petitioner is also involved in a similar nature of case.

Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.57651 of 2018(2) dt.06-10-2018 2/3 the petitioner, above-named, is directed to 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 Special Judge, Excise Act, Saharsa in connection with Sour Bazar (Patarghat O.P.) P.S. Case No. 62/18, Special (Excise) Case No. 59/18(S) with a condition that if the petitioner, after his release in this case, is again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of his bail bonds.

That apart, in view of the antecedents of the petitioner, he would be required to appear before the Superintendent of Police, Saharsa within fifteen days of his release with a copy of this order and every month thereafter for the next six months. The conduct of the petitioner will be kept under watch in the aforesaid period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned which should be granted by the Superintendent of Police concerned upon his

Patna High Court Cr.Misc. No.57651 of 2018(2) dt.06-10-2018 3/3 appearance.

(Dr. Ravi Ranjan, J) V.K.Pandey/- U T