Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6482 of 2021 Arising Out of PS. Case No.-250 Year-2020 Thana- PARBATTA District- Khagaria ====================================================== Krishna Kumar Aged about 21 years S/o Subhash Singh R/o Village- Karna, P.S.- Parbatta, District- Khagaria.

... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Prasad Singh, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-04-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 30a of the Bihar Prohibition and Excise Act.

As per the prosecution case, 183.375 liters of foreign liquor has been recovered from the husk house of co-accused Sumant Kumar. Petitioner is alleged to have fled away from the place after seeing the police.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. The mandatory provision of law for search and seizure given under section 100 Cr.P.C. has not been followed. Petitioner has got clean antecedent as

Patna High Court CR. MISC. No.6482 of 2021(2) dt.15-04-2021 2/2 stated in paragraph 3 of the bail petition. Petitioner is in custody since 3.10.2020.

Considering the facts and circumstances of the case and the fact that no incriminating material has been recovered from the conscious possession of the petitioner and he has got clean antecedent, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Act Khagaria in Parbatta Police Station Case No. 250 of 2020 on 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 his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

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

(Prabhat Kumar Singh, J) Shashi U T