Krishna Kumar @ Krishna Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42128 of 2025 Arising Out of PS. Case No.-29 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== Krishna Kumar @ Krishna Paswan Pannalal Paswan @ Pannalal Pasawan Resident of Village- Jaisinghpur Tola, Madhopur, P.S.- Turkauliya, DistrictEast Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Turkauliya PS Case No. 29 of 2019 instituted for the offences under Sections 272, 273, 34 of the Indian Penal Code and 30(a) 38(1), 41(1) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 200 litres of spirit was recovered from Canal.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that recovery is made from an open place, which is accessible to

Patna High Court CR. MISC. No.42128 of 2025(2) dt.07-07-2025 2/2 one and all. It is further submitted that local people disclosed the name of the petitioner. The petitioner is in custody since 13.04.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Turkauliya PS Case No. 29 of 2019.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T