Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2864 of 2025 Arising Out of PS. Case No.-522 Year-2024 Thana- SITAMARHI District- Sitamarhi ====================================================== Krishna Kumar, S/o Satyanarayan Mahto, R/o Village- Bhaluaha, P.S.- Sonbersa, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar, Advocate.

For the Opposite Party/s :

Mr. Shailendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 15-02-2025 Heard learned Advocate appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Sitamarhi P.S. Case No. 522 of 2024, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. While the police was engaged in patrolling and vehicle checking, intercepted an e-rickshaw and apprehended two persons. In course of search, total 108 litres of Nepali country made liquor was recovered. The name of the petitioner has been implicated on account of he being owner of the erichshaw.

4. Learned Advocate appearing on behalf of the

Patna High Court CR. MISC. No.2864 of 2025(2) dt.15-02-2025 2/3 petitioner contended that the vehicle in question was being run for the purposes of carrying passengers and the goods by coaccused Sachin Kumar, who had taken the vehicle on rent. Save and except the material that the petitioner being owner of the vehicle in question, there is no material suggesting the complicity of the petitioner in crime. From the record it appears that the petitioner was neither having dominion or control over the vehicle in question, which was being used as the public carriage, nor the petitioner has any concern with the illicit wine; all the more, the petitioner bears fair antecedent.

5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application.

6. Regard being had to the submissions made on behalf of the parties and considering the nature of allegation and the fact that the vehicle in question, which was owned by the petitioner plied as public carriage and thus, in substance nothing has been recovered from the conscious or constructive possession of the petitioner, as such, the rigours provided under Section 76(2) of the Bihar Prohibition Act would not be applicable, coupled with the fair antecedent, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of

Patna High Court CR. MISC. No.2864 of 2025(2) dt.15-02-2025 3/3 receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 02, Sitamarhi/Concerned Court in connection with Sitamarhi P.S. Case No. 522 of 2024, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) supratim/- U T