Patna High CourtCR. MISC./42251/2021bail granted

Krishna Nandan Singh v. The State Of Bihar

2021-12-06Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42251 of 2021 Arising Out of PS. Case No.-31 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Rohtas ====================================================== KRISHNA NANDAN SINGH S/O SHIVDHARI SINGH R/O VILLAGEKEWADHI, P.S-KUDRA, DISTRICT-KAIMUR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-12-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 216 litres of liquor is stated to have been recovered from Tata Sumo Grand vehicle of which the petitioner is the driver.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. He has no concern either with the seized liquor nor with the seized vehicle. He has wrongly been described as driver of the vehicle. He has no criminal antecedent under the Bihar Prohibition and Excise Act, 2016 and is in custody since 4.2.2021.

Patna High Court CR. MISC. No.42251 of 2021(3) dt.06-12-2021 2/2 It is further submitted by learned counsel for the petitioner that the supplementary affidavit filed has been filed mentioning the urgency in taking up of the case out of turn. It has been stated therein that the father of the petitioner died on 25.11.2021.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner being in custody since 4.2.2021 and not having any criminal antecedent under the Bihar Prohibition and Excise Act, 2016, the petitioner is directed to be enlarged on bail in connection with Excise Case No. 31 of 2021 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 Addl. Sessions Judge II -cum- Special Judge, (Excise), Rohtas at Sasaram.

(Partha Sarthy, J) Spd/- U T