Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 34996 of 2018 ====================================================== Krishna Kumar, Son of Late Laxman Sah, Resident of Village- Bachari, P.S.- Piro, District- Bhojpur.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 272 & 273 of the Indian Penal Code and Section 30 (a)/41/56(d) of the Bihar Prohibition and Excise (amendment) Act, 2016.

81 liters of foreign liquor is said to have been recovered from the Alto car and three persons including the petitioner managed to escape from the said car. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or said Alto car. He has been falsely implicated in this case. Petitioner was not arrested from the spot.

Patna High Court Cr.Misc. No.34996 of 2018 (2) dt.22-06-2018 - 2 - He has no criminal antecedent and has been languishing in custody since 24.5.2018. Similarly situated co-accused Sunil Kumar @ Sunil Sah has been enlarged on bail by a coordinate bench of this Court vide order dated 21.9.2017 in Cr. Misc. No.46681 of 2017.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Bhojpur, Ara in connection with Excise Case No. 647/2017 arising out of Piro P.S. Case No. 21 of 2017. (Prakash Chandra Jaiswal, J) Trivedi/- U T