Krishna Singh @ Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42696 of 2026 Arising Out of PS. Case No.-353 Year-2019 Thana- HARSIDHI District- East Champaran ====================================================== Krishna Singh @ Krishna Kumar Son of Jagat Singh Resident of Village - Sariswa Murarpur, P.S.- Harsidhi, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-07-2026 Heard Mr. Rakesh Kumar Singh, learned counsel for the petitioner and Mr. Mritunjay Kumar Nirala, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 14.05.2026, in connection with Harsidhi P.S. Case No. 353 of 2019, F.I.R. dated 10.10.2019 registered for the offences punishable under Sections 272, 273, 188, 420, 308, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. Recovery is of 6200.00 litres of raw spirit.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that from perusal of the F.I.R. it appears that altogether 6200.00 litres of raw spirit was

Patna High Court CR. MISC. No.42696 of 2026(2) dt.06-07-2026 2/3 recovered from the truck in question and petitioner is neither the owner nor the driver of the truck in question and he has no concern at all with the alleged recovery of illicit liquor and he has been made accused in the present case only on the basis of suspicion and except the suspicion, nothing cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence. The petitioner is in custody since 14.05.2026.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries three more cases other than the present one but the case is not pertaining to excise matter but fairly submits on the basis of paragraph-3 of the bail petition that the petitioner is on bail in the pending matters.

6. Considering the facts and circumstances of the case and the fact that the name of the petitioner has been transpired on the basis of suspicion and petitioner is neither the owner nor the driver of the truck in question let the above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-1, East

Patna High Court CR. MISC. No.42696 of 2026(2) dt.06-07-2026 3/3 Champaran at Motihari in connection with Harsidhi P.S. Case No. 353 of 2019, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed her criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T