Krishna Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63394 of 2018 Arising Out of PS. Case No.-247 Year-2018 Thana- BELAGANJ District- Gaya ====================================================== Krishna Prasad Son of Late Mahesh Prasad Resident at Belaganj Bazar, P.S. Belaganj, Distt.-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Singh For the Opposite Party/s :

Mr. Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-10-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Belaganj P.S. Case No. 247 of 2018 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation against petitioner is recovery of total 51 liters and 920 ml. foreign liquors from the shop and backside of the shop in which petitioner and other co-accused were present. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case due to enmity. Nothing has been recovered from his possession or from his house and shop. He is in custody since 19.08.2018. It has been further submitted that

Patna High Court Cr.Misc. No.63394 of 2018(2) dt.26-10-2018 2/2 similarly placed co-accused has been granted bail by another coordinate Bench of this Court in Cr. Misc. No. 61805 of 2018 vide order dated 08.10.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon 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), Gaya in connection with Belaganj P.S. Case No. 247 of 2018.

(S. Kumar, J) Rajiv/ManojU T