Krishna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34993 of 2025 Arising Out of PS. Case No.-100 Year-2025 Thana- MANJHI District- Saran ====================================================== Krishna Kumar S/O Sudarshan Prasad @ Sudarsan Prasad R/O VillageChhotaki Seriya, P.S- Bansdih, Distt.- Ballia, Uttar Pradesh. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dewendra Narayan Singh, Adv For the Opposite Party/s :
Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 07-07-2025 Heard learned Counsel for the petitioner and learned A.P.P for the State.
2. The petitioner seeks regular bail in a case registered for the offences punishable under Sections 30(a) of the Bihar and Excise Act.
3. As per the prosecution case, the police on a tipoff about trafficking of illicit liquor, intercepted a Pick-up van at Manjhanpura Railway Crossing and one person was apprehended, who disclosed his name as Krishna Kumar (the petitioner). On search, total 3240 litres of illicit foreign liquor was recovered from the vehicle in question and the apprehended persons disclosed that the said consignment was carried on a boat from Uttar Pradesh by six named
2/4 accused persons, however, on seeing the police, they managed to escape.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that though the said vehicle was being driven by the petitioner, he was unaware regarding the recovered liquor. It is next submitted that the petitioner was driving the said vehicle only on the instructions of the owner and was not concerned with the said recovered liquor. It is lastly submitted that the petitioner has clean antecedent and is in custody since 22.03.2025. Learned counsel for the petitioner undertakes to deposit a sum of Rs. 5,000/- in the account of Advocate Association of the Patna High Court, Patna.
5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the parties as well as undertaking given by the petitioner, let the petitioner above-named, be enlarged on bail, on deposition of a sum of Rs. 5,000/- to the Advocate Association of the Patna High Court, Patna, and an acknowledgment receipt be
3/4 submitted before the learned Court below prior to the furnishing of bail-bonds and thereafter on furnishing bailbonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran, in connection with Manjhi P.S. Case No. 100 of 2025, subject to the following conditions:- (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court. (iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be canceled by the Court concerned. (iv) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bonds of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
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7. The application stands allowed.
(Sourendra Pandey, J) Jyoti/- U T