Krishna Kumar Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53057 of 2018 Arising Out of PS.Case No. -325 Year- 2018 Thana -ALAMGANJ District- PATNA ====================================================== Krishna Kumar Verma, S/o. Gopal Prasad Verma, R/o. Village- Naya Gaon, Danka Imli, P.S.- Alamganj, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Mishra For the Opposite Party/s : Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

475 litres of toddy is said to have been recovered from the tempo and its driver was apprehended while another accused managed to escape. The driver disclosed the name of the petitioner his fleeing, accomplice in the occurrence. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized toddy or with the vehicle in question. He was not apprehended on the spot. He has been falsely implicated

Patna High Court Cr.Misc. No.53057 of 2018 (2) dt.28-08-2018 2/2 in the case by the driver due to animosity. Barring the aforesaid disclosure of the apprehended accused there is nothing on record to indicate the complicity of the petitioner in the occurrence. He has no criminal antecedent. He has been languishing in custody since 26.06.2018.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged 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 learned Special Judge, Excise, Patna in connection with Special Case No. 5820 of 2018, arising out of Alamganj P.S. Case No. 325 of 2018. (Prakash Chandra Jaiswal, J) Kr. Uday/- U T