Patna High CourtCR. MISC./7991/2019bail granted

Krishna Kumar v. The State Of Bihar

2019-02-13Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7991 of 2019 Arising Out of PS. Case No.-469 Year-2018 Thana- SARAIYA District- Muzaffarpur ====================================================== Krishna Kumar, aged about 60 years (M), Son of Umed Singh, Resident of Village - Sampala, Ward No. 12, P.S.- Sampala, District - Rohtak (Hariyana). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pandey For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 12.12.2018 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case that from a car which was being driven by the petitioner, 26.625 litres of foreign illicit liquor were recovered.

It is submitted by learned counsel for the petitioner that the petitioner is the driver of the alleged car but in fact the actual owner of the intercepted car is Rahul and the petitioner was traveling to Darbhanga, but on the way, the said car went missing, for which the petitioner filed a report before the local police station, hence, the recovery cannot be treated from the possession of the

Patna High Court Cr.Misc. No.7991 of 2019(2) dt.13-02-2019 2/2 petitioner. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the recovery has been made from the car which was being driven by the petitioner and this fact was also admitted by the petitioner.

Considering the quantity of recovery and the period under custody, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Saraiya P.S. Case No. 469 of 2018.

(Dinesh Kumar Singh, J) DKS/- U T