Krishna @ Krishan Kumar @ Krishan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36531 of 2025 Arising Out of PS. Case No.-277 Year-2016 Thana- HISUWA District- Nawada ====================================================== Krishna @ Krishan Kumar @ Krishan S/O Sri Ishwar Resident of villageAshawarpur, PS- Rai, Distt-Sonipat ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saurabh Kumar For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 23-07-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Hisuwa P.S. Case no.277 of 2016 registered under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, 2070.72 liters of foreign liquor was recovered from a truck bearing Registration No. HR69A5923 which was driven by one Tarachand.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The petitioner is not named in the F.I.R and cause of his false implication is only for the reason that he happens to be the registered owner of the seized truck. No recovery has been made from the physical conscious possession of the petitioner. He further submits that the petitioner had given the said truck to one Sukhdeo Kumar on rent and the petitioner has no knowledge that the said truck was

Patna High Court CR. MISC. No.36531 of 2025(3) dt.23-07-2025 2/2 being put to some illegal use. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State on the ground the petitioner is the owner of the seized truck.

6. At this stage, the petitioner is agreed to deposit a sum of Rs. 10,000/- in Advocate Association of the Patna High Court, Patna.

6. In view of the aforesaid facts of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Hisua P.S. Case no.277 of 2016 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 Court below where the case is pending/successor Court, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023. (Soni Shrivastava, J) Harsh/- U T