Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75247 of 2019 Arising Out of PS. Case No.-290 Year-2019 Thana- NAWADA MUFFASIL District- Nawada ====================================================== KUNDAN KUMAR Son of Suren Yadav Resident of Village - Moti Bigha, P.S.- Nawada Nagar, Distt - Nawada.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Pramod Kumar Verma, Advocate.

For the Opposite Party:

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 26.09.2019 in connection with Moffasil P.S. Case No. 290 of 2019 for the offences alleged under Sections 30(a)(d) of Bihar Excise and Prohibition Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of 198 litres of foreign liquor from a vehicle of which he was alleged to be the driver. It is submitted that the petitioner is neither the owner of the driver of the subject vehicle rather he had merely taken lift from the driver of the car. The petitioner claims clean antecedents.

4. Be that as it may, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten

Patna High Court CR. MISC. No.75247 of 2019(2) dt.26-11-2019 2/2 thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Nawada in connection with Mofassil P.S. Case No. 290 of 2019, on the following conditions- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T