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Patna High CourtCR. MISC./6605/2021bail granted

Krishna Kumar @ Chunnu Sah v. The State Of Bihar

2021-04-07Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6605 of 2021 Arising Out of PS. Case No.-302 Year-2019 Thana- BARGAINIA District- Sitamarhi ====================================================== KRISHNA KUMAR @ CHUNNU SAH Son of Jagdish Prasad Resident of Village - Ghipatti, Bairgania, P.S.- Bairgania, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar, Advocate For the Opposite Party/s :

Mr. Shailendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-04-2021 Heard learned counsel for the petitioner and learned counsel for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Bargainia P.S. Case no. 302 of 2019 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, while the two accused persons including the petitioner herein managed to escape, 81 litres of liquor was recovered from the sack thrown by them. It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from the person or possession of the petitioner. He has been falsely implicated in the case. He has no criminal antecedent and is in custody since 14.8.2020.

The application for bail is opposed by learned counsel for the State.

Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.6605 of 2021(2) dt.07-04-2021 2/2 taking into consideration the submissions made on behalf of the petitioner together with the period in custody, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Bargainia P.S. Case no. 302 of 2019 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 Additional Sessions Judge II-cum-Special Judge, Excise Act, Sitamarhi.

(Partha Sarthy, J) Prakash/- U