Krishna Singh @ Krishna Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 9257 of 2023 Arising Out of PS. Case No.-207 Year-2022 Thana- CHACKMEHSI District- Samastipur ====================================================== KRISHNA SINGH @ KRISHNA KUMAR SINGH S/O MAHESH PRASAD Resident of Village- Sahuri, P.S.- Chakmahesi, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr. Kanhaiya Kishore (App.100) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-03-2023 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends arrest in connection with Chakmahesi P.S. Case No. 207 of 2022 registered for the offences under Section 30(a), 32(ii) and 41(i)(ii) of the Bihar Prohibition Excise (Amendment) Act.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the instant case due to ill motive of the informant. Further submission is that petitioner's name has been transpired only on the basis of confessional statement of a co-accused namely Nand Kishore Sahni. It is also submitted that the petitioner is neither the owner nor the driver of the alleged vehicle i.e Tata Yodha Pickup bearing registration no. BR33G-8502 from which

Patna High Court CR. MISC. No. 9257 of 2023(3) dt.21-03-2023 2/2 the alleged recovery has been made as per para 2 of the supplementary affidavit. Further, petitioner has no criminal antecedent and nothing has been recovered from the conscious possession of the petitioner.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the petitioner, above named is directed to be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of Special Judge Excise Court No. I, Samastipur in connection with Chakmahesi P.S. Case No. 207 of 2022, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

anuradha/- (Arvind Srivastava, J) U T