Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77372 of 2019 Arising Out of PS. Case No.-823 Year-2019 Thana- KHAGARIA District- Khagaria ====================================================== KUNDAN KUMAR S/o Nandkishore Prasad R/o village- Sarboday Nagar, P.S.- Chitragupta Nagar, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Khagaria (Muffasil) P.S. Case No.823 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

The accusation is of recovery of 100 bottles, each containing 100 ml. Dilex Cough Syrup, from the vehicle of the petitioner.

Learned counsel for the petitioner submits that, admittedly, the petitioner is the owner of the seized vehicle from which the alleged recovery is said to be made. In fact, the petitioner after parking his vehicle had gone to the house of his

Patna High Court CR. MISC. No.77372 of 2019(2) dt.28-11-2019 2/2 relation but, in the meantime, police seized his vehicle. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cumSpecial Judge, Excise, Khagaria, in connection with Khagaria (Muffasil) P.S. Case No.823 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T