Kundan Kumar vs The State Of Bihar
2021 Latest Caselaw 1300 Patna

        IN THE HIGH COURT OF JUDICATURE AT PATNA
                CRIMINAL MISCELLANEOUS No.31995 of 2020
         Arising Out of PS. Case No.-460 Year-2019 Thana- VAISHALI District- Vaishali
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Kundan Kumar, aged about 24 years, Male, son of Binod Rai, resident of Village- Amritpur, P.S.- Vaishali, District- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar

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

For the Petitioner/s : Ms. Bela Singh, Advocate For the State : Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 05-03-2021

Heard Ms. Bela Singh, learned counsel for the

petitioner and Mr. Uday Pratap Singh, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner apprehends arrest in connection with

Vaishali PS Case No.460 of 2019 dated 24.12.2019, instituted

under Section 30(a) of the Bihar Prohibition and Excise Act,

2016.

3. It is alleged that the apprehended persons revealed

that the petitioner and co-accused Guddu Rai used to bring

counterfeit liquor and they after bottling used to hand it over to

the petitioner and Guddu Rai for sale.

4. Learned counsel for the petitioner submitted that Patna High Court CR. MISC. No.31995 of 2020 dt.05-03-2021

they have neither been caught nor is there any recovery from

their house or other premises and there is also no material to

connect them to the recovery of 119.250 litres of counterfeit

Indian Made Foreign Liquor. Learned counsel submitted that

their implication is only on suspicion and statement of arrested

co-accused. It was submitted that arrested persons were under

the impression that the petitioner and co-accused, Guddu Rai,

had informed the police leading to raid and their arrest.

5. Learned APP submitted that the petitioner along

with another person has been named by two persons, who were

caught, and they disclosed that it was the petitioner, who used to

mix chemical and prepare the counterfeit liquor and used to give

it to the arrested persons for packing and bottling. It was further

submitted that when the police went to raid, they saw four

persons in the hut and two managed to run away, whereas, two

were caught and the persons caught taking name of the

petitioner and another person clearly indicates that there was no

false implication as four persons were seen by the police, out of

which two were caught.

6. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, the

Court is not inclined to grant pre-arrest bail to the petitioner.

Patna High Court CR. MISC. No.31995 of 2020 dt.05-03-2021

7. Accordingly, the application stands dismissed.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T