Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50470 of 2021 Arising Out of PS. Case No.-485 Year-2021 Thana- FATUA District- Patna ====================================================== KRISHNA KUMAR S/O VISHUNDEO RAY @ VISHUNDAYAL RAY R/o village- Jagdishpur, P.S.- Raghopur, Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amresh Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-04-2022 Heard Mr. Amresh Kumar Sinha, learned counsel for the petitioner and Mr. Rana Randhir Singh, learned Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Special Case No. 3979/2021 arising out of Fatuha PS Case No. 485/2021 registered for the offence punishable under Section Section 30(a) & 56(c) of Bihar Prohibition & Excise Act. The police intercepted a motorcycle on which the petitioner and one another person, namely, Rakesh Kumar was travelling, and recovered 9 litres of illicit liquor from the said motorcycle and arrested them, and upon their information a tempo was also intercepted and total quantity of 203.4 litres of illicit liquor was recovered.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.50470 of 2021(2) dt.01-04-2022 2/2 petitioner has got no criminal antecedent and he has not committed any offence in the manner alleged. He further submits that petitioner is neither the owner of the motorcycle nor the tempo in question and he is in custody since 03.07.2021 and the charge-sheet has already been submitted in the matter. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 03.07.2021 and the chargesheet has already been submitted in the matter and there is no likelihood that the petitioner will abscond or tamper with the evidences, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, KRISHNA KUMAR be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Special Case No. 3979/2021 arising out of Fatuha PS Case No. 485/2021.

(Anil Kumar Sinha, J) perwez U T