Shri Kriti Kumar @ Kriti Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31375 of 2025 Arising Out of PS. Case No.-430 Year-2024 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Shri Kriti Kumar @ Kriti Yadav S/O Raghunath Ray resident of VillageDharampur, Ps- Muffasil, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Muffasil P.S. Case No. 430 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act.
3. As per prosecution case, the police has recovered total 78.750 liters of illicit liquor from the car and motorcycle.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The name of the petitioner has surfaced in this case on the basis of the disclosures made by the co-accused Chandan Kumar. The
Patna High Court CR. MISC. No.31375 of 2025(2) dt.15-05-2025 2/3 petitioner is not the owner, driver or cleaner of the alleged motorcycle and truck. The petitioner has also no concern with the alleged seized liquor. The petitioner has two criminal antecedents and in both of them, he is on bail as has been stated in paragraph no.3 of the present anticipatory bail application. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case.
5. Learned counsel for the petitioner further submits that the co-accused Chandan Kumar has been granted regular bail by this Court vide order dated 19.12.2024 passed in Cr. Misc. No. 87141 of 2024.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. Considering the entire facts and circumstances of the case and taking into account the submissions made by the learned counsel for the petitioner, let the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Muffasil
Patna High Court CR. MISC. No.31375 of 2025(2) dt.15-05-2025 3/3 P.S. Case No. 430 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.
(Rudra Prakash Mishra, J) rishi/- U T