Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39378 of 2021 Arising Out of PS. Case No.-354 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Darbhanga ====================================================== KRISHNA KUMAR S/o Vaidyanath Yadav Resident of Village- Laxmisagar Chapaki Parri, P.S.- Sadar, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar, Adv.

For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-01-2022 Heard Mr. Virendra Kumar, learned counsel for the petitioner and Mr. Md. Nazir Ansari, Additional Public Prosecutor for the State through video conferencing.

Petitioner seeks regular bail in connection with G.O Case No. 354/2021/PR No. 08/2021 registered for the offence punishable under Sections 272, 273/34 of the IPC and Section 30(a) of Bihar Prohibition & Excise Act 2016.

As per prosecution story, the Excise Officials intercepted a Scorpio vehicle bearing No. DL4CNB-3108 and recovered altogether 243 litres of illicit Nepal Saunfi from the said vehicle and the petitioner was arrested with the seized Scorpio vehicle and liquor. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and he has not committed any offence in the manner alleged. He further submits that

Patna High Court CR. MISC. No.39378 of 2021(2) dt.22-01-2022 2/2 the petitioner was standing on the road near the vehicle due to which he has been arrested by the police on suspicion. The petitioner has got no criminal antecedent and referring to para-9 of the petition, learned counsel submits that petitioner is neither the owner nor the driver of the vehicle in question and he is in custody since 17.03.2021. Charge-sheet has already been submitted in the matter.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is neither the owner nor the driver of the vehicle in question, he is in custody since 17.03.2021, charge-sheet has already been submitted in the matter and trial is not likely to be concluded in near future due to pandemic, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, KRISHNA KUMAR be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd ADJ-cum-Special Judge, Excise, Darbhanga in connection with G.O Case No. 354/2021/PR No. 08/2021.

(Anil Kumar Sinha, J) perwez U T