Krishna Murti @ Rajkumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51738 of 2021 Arising Out of PS. Case No.-429 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== KRISHNA MURTI @ RAJKUMAR Son of Late Sri Ramayan Singh @ Late Ramayan Singh Resident of Mohalla - Sarvodaya Nagar, Ward No.- 42, P.S.- Town, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-02-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 213.45 litres of liquor is said to have been recovered from the premises of one Manoj Chaudhary which he had taken on rent from landlord Uma Shankar Singh. The accused persons including the petitioner herein were also taken into custody.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession. Even as per the FIR the alleged recovery is from the premises rented out to Manoj Chuadhary. The petitioner is in

Patna High Court CR. MISC. No.51738 of 2021(2) dt.24-02-2022 2/2 custody since 10.7.2021 and chargesheet has been submitted in the case. It is further submitted by learned counsel for the petitioner that a supplementary affidavit has been filed stating therein that subsequent to the instant case he has been implicated in one another case, not under the Bihar Prohibition and Excise Act, 2016.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner being in custody for 7 months and not having any antecedent under the Bihar Prohibition and Excise Act, 2016, the petitioner is directed to be enlarged on bail in connection with Town P.S. Case no. 429 of 2021 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, Begusarai. (Partha Sarthy, J) Spd/- U T