Patna High CourtCR. MISC./39144/2024bail granted

Krishna Kumar v. The State Of Bihar

2024-05-28Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39144 of 2024 Arising Out of PS. Case No.-88 Year-2024 Thana- Excise P.S. District- Madhubani ====================================================== Krishna Kumar S/O Badri Kumar Kamat R/O Village- Kumarkhat, P.SLadaniya, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with G.O. Case No.821/2024 arising out of Excise P.S. Case No. 88 of 2024, lodged on 22.03.2024 under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, FIR has been lodged against the present petitioner from whose possession, total 216 litres of illicit liquor has been recovered which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the alleged illicit liquor has been recovered from the dicky of the car which is in no way connected with the

Patna High Court CR. MISC. No.39144 of 2024(2) dt.28-05-2024 2/2 present petitioner. Counsel further submits that the petitioner is not the driver nor khalasi nor owner of the said vehicle. Counsel submits that the police has arrested the petitioner upon chase.

5. Learned counsel for the petitioner submits that the criminal antecedent of the petitioner is clean and he is in custody since 23.03.2024.

6. Learned APP for the State opposes the prayer for bail of the petitioner.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail, but only after framing of charge, if not framed on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise, Madhubani in connection with G.O. Case No.821/2024 arising out of Excise P.S. Case No. 88 of 2024, subject to the conditions as laid down U/s 437(3) Cr.P.C. (Dr. Anshuman, J.) Divyansh/- U T