Krishna Kumar @ Krishn Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36940 of 2021 Arising Out of PS. Case No.-343 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== KRISHNA KUMAR @ KRISHN KUMAR Son of Shankar Bhagat Resident of Village- Kharika, P.S.- Minapur (Panapur O.P.), District- Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yugal Kishore, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 272, 273, 414 and 34 of the Indian Penal Code and sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on a raid being conducted one accused was caught while two of them managed to escape. 22.5 litres of liquor was recovered and the accused caught disclosed the petitioner to be amongst the two persons who had escaped.

It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession. He

Patna High Court CR. MISC. No.36940 of 2021(2) dt.06-01-2022 2/2 has been falsely implicated in the case. He is in custody since 23.3.2021 and has no criminal antecedent. Chargesheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, specially the petitioner not having been arrested at the spot nor having any criminal antecedent, the petitioner is directed to be enlarged on bail in connection with Minapur (Panapur O.P.) P.S. Case no. 343 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur.

(Partha Sarthy, J) Spd/- U T