Krishna Kumar @ Suman Kumar @ Suman Ji v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25987 of 2015 Arising Out of PS.Case No. -247 Year- 2014 Thana -CHAPRA TOWN District- SARAN ======================================================

1. Krishna Kumar @ Suman Kumar @ Suman Ji, Son of Shri Prabhu Sharan Sahu, Resident of Mohalla- Mauna Pathal Bazar, P.S.- Chapra Town, District- Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ganga Prasad Bimal, Advocate For the Opposite Party/s : Mr. Nityanand Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-07-2015 The petitioner is apprehending his arrest in connection with Chapra Town P.S. Case No. 247 of 2014 for the offence under Sections 420, 468, 471, 272, 273, 290 of the Indian Penal Code.

Heard learned counsel for the petitioner and the State.

The prosecution story, in brief, is that acting on a tip off house of petitioner was raised from where two accused Sonu Kumar and Shambhu Prasad were caught packing bottle of foreign liquor. They disclosed that they works for petitioner Suman Jee, who runs illegal business of foreign liquor. Huge quantity of foreign liquor was also seized from the premises besides apparatus to be used in packing bottles. It is submitted on behalf of the petitioner that there is no recovery from the possession of the petitioner and

Patna High Court Cr.Misc. No.25987 of 2015 (2) dt.16-07-2015 the petitioner has been made accused in the present case due to mistaken of fact. From the house where recovery has been made it belongs to the grand-mother of the petitioner and the said house was let out to the co-accused namely Sonu Kumar. Petitioner has nothing to do with the alleged recovery. On behalf of the State, it has been submitted that the petitioner is named in the First Information Report. Considering the aforesaid facts, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Chapra Town P.S. Case No. 247 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Sudhir Singh, J) P.K./- U T