Kundan Kumar vs State Of Bihar

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.

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.

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.

Learned counsel for the petitioner submitted that 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.

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.

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.

Accordingly, the application stands dismissed.