Keshav Kumar Singh @ Keshav Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41378 of 2024 Arising Out of PS. Case No.-51 Year-2023 Thana- KISHANPUR District- Supaul ====================================================== Keshav Kumar Singh @ Keshav Singh s/o- Harishankar Singh @ Hari Shankar Singh Vill- Kisanipatti, Ward No-11,Ps- Phulparas, Dist-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Bharti For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Kishanpur P.S. Case No. 51 of 2023 instituted for the offences under Sections 420, 467, 468, 471, 120B of the Indian Penal Code and Sections 30(a), 36, 32, 41 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, in short, is that, 1642.5 liters of liquor was recovered from a truck.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The name of the petitioner has come into light on the basis of confessional statement of co-accused

Patna High Court CR. MISC. No.41378 of 2024(2) dt.26-06-2024 2/2 Brajesh Singh. Petitioner has no concern either with the alleged recovery of liquor or with the vehicle in question. No incriminating article has been recovered from the conscious possession of the petitioner. It is next submitted that the petitioner has no criminal antecedent. Petitioner has no knowledge regarding the alleged occurrence. There is no compliance of Section 100 of the Cr.P.C.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Kishanpur P.S. Case No. 51 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Arish/- U T