Munchun Kumar @ Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57839 of 2022 Arising Out of PS. Case No.-181 Year-2022 Thana- LAUKAHI District- Madhubani ====================================================== Munchun Kumar @ Krishna Kumar Son Of Vijay Kant Yadav R/O VillageDhabahi, P.S.- Laukahi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha, Advocate For the Opposite Party/s :

Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-11-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. Let the defect (s), as pointed out by the office, be removed within a period of four weeks (if any). In the present case, the petitioner seeks bail in connection with Laukahi P.S. Case No. 181 of 2022 registered for the alleged offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, petitioner was driver of a Santro car which was intercepted and recovery of 189 litres of Nepali country made liquor was made from the said vehicle. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.57839 of 2022(2) dt.25-11-2022 2/3 case and nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is the owner of the Santro car but he has no concern with the recovered liquor. The petitioner is in custody since 25.07.2022 and charge-sheet has been submitted. The petitioner is having clean antecedent.

Learned APP opposes the prayer for bail.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the clean antecedent of the petitioner and further considering the period of custody along with the submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Jhanjharpur in connection with Laukahi P.S. Case No. 181 of 2022, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the other following conditions:

(i) One of the bailors will be close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

Patna High Court CR. MISC. No.57839 of 2022(2) dt.25-11-2022 3/3 (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) himanshu/- U T