Krishnandan Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46575 of 2021 Arising Out of PS. Case No.-343 Year-2019 Thana- SAKRA District- Muzaffarpur ====================================================== Krishnandan Prasad Singh S/O- Sri Yogendra Prasad Singh R/o vill - Bhairaukhara, P.S. - Patepur, Dist. - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan No.II, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-12-2021 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of Covid 19 pandemic, requiring social distancing.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sakra P.S. Case No. 343 of 2019 instituted for the offences under Sections 420, 468, 469 and 120(B) of the Indian Penal Code read with Sections 30, 30(a), 32(2), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is in custody since 01.07.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.46575 of 2021(2) dt.10-12-2021 2/2 allegation is of recovery of 6050.280 liters of liquor which was being unloaded from a pickup van to different motorcycles. Learned counsel for the petitioner submits that the name of the petitioner transpired based on the fact that he was owner of the pickup van but the petitioner had already sold the said pickup van in February, 2019 and the occurrence is of July, 2019. It is further submitted that the petitioner was not apprehended at the place of occurrence.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 01.07.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Sakra P.S. Case No. 343 of 2019 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T