Bal Krishan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26993 of 2023 Arising Out of PS. Case No.-13 Year-2023 Thana- LAUKAHA District- Madhubani ====================================================== Bal Krishan Kumar, Son of Ram Abtar Yadav, Resident of Village - Phulparas, P.S.- Phulparas, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hriday Narayan Harshit, Advocate For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 16-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Laukaha P.S. Case No. 13 of 2023 dated 14.01.2023 registered for the offences punishable under Sections 272, 273, 34 of the Indian Penal Code and Section 30 (a) of Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 243 litres of country made liquor and the same is stated to have been recovered from a Bolero vehicle and as per allegation this petitioner and co-accused namely, Ravindra Kumar Yadav were arrested from the said vehicle at the time of recovery but the petitioner was bonafidely travelling in the said

Patna High Court CR. MISC. No.26993 of 2023(2) dt.16-05-2023 2/2 vehicle as a passenger after he had taken lift in the said vehicle and co-accused namely, Ravindra Kumar Yadav has been granted bail by this Court vide order passed in Cr. Misc. No. 13575 of 2023 and petitioner has been languishing in jail since 15.01.2023 having fair and clean antecedent and against him the investigation has been completed.

4. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

5. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record and also the completion of investigation against the petitioner, I deem it fit and proper to admit the petitioner to the privilege of bail.

6. Accordingly, let the petitioner named-above be enlarged on bail in connection with Laukaha P.S. Case No. 13 of 2023 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Rajiv/- U