Krishna Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41183 of 2021 Arising Out of PS. Case No.-65 Year-2021 Thana- JAYNAGAR District- Madhubani ====================================================== KRISHNA THAKUR S/O SHRI MANGANU THAKUR R/O VILLAGEJANKI NAGAR, P.S.-BASOPATTI, DISTRICT-MADHUBANI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-01-2022 Heard Mr. Ajay Kumar Thakur, learned counsel for the petitioner and Mr. Pranav Kumar, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Jainagar P.S. Case No. 65 of 2021 registered for the offence punishable under Section 414 of the Indian Penal Code 1860 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution story in nutshell is that the Police during course of night patrolling got a secret information that the petitioner along with other accused persons were riding on Apache Motorcycle and behind the Motorcycle, one Bolero Maxi Truck was coming, proceeded towards the place of occurrence and intercepted the Bolero Maxi Truck. However, the persons riding on Motorcycle succeeded in fleeing away. On

Patna High Court CR. MISC. No.41183 of 2021(2) dt.31-01-2022 2/3 search, the Police recovered 1800 litres of Nepali liquor and 48 litres of Beer from the said Bolero Maxi Truck. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of secret information and he was not arrested by the Police on spot along with the illicit liquor. He further submits that the petitioner has not committed any offence in the manner alleged and the petitioner has no concern with the vehicle and consignment of liquor recovered from the said vehicle. The petitioner has got no criminal antecedent of similar nature of offence and he is in custody since 9.6.2021. He next submits that the trial is not likely to be concluded in near future due to Covid-19 pandemic.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that no illicit liquor has been recovered from possession of the petitioner, he is in custody since 9.6.2021 having no criminal antecedent of similar nature of offence, charge sheet has already been submitted and the trial is not likely to be concluded in near future due to Covid-19 pandemic, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be

Patna High Court CR. MISC. No.41183 of 2021(2) dt.31-01-2022 3/3 released on regular bail on furnishing bail bonds of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Madhubani, in connection with Jainagar P.S. Case No. 65 of 2021.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T