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Patna High CourtCR. MISC./57817/2024bail granted

Krishana Kumar @ Feko v. The State Of Bihar

2024-08-21Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57817 of 2024 Arising Out of PS. Case No.-1 Year-2023 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Krishana Kumar @ Feko Son of Rajaram Sah @ Rajaram Teli Resident of Vill- Manjhaul Balban Toli, Ward No. 09, P.S.- Manjhaul, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Cheriya Bariyarpur P.S. Case No. 01 of 2023 instituted for the offence under Sections 188 & 290 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2018. 3.

The prosecution case, in short, is that 8.640 liters of foreign liquor was recovered.

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. The petitioner is

Patna High Court CR. MISC. No.57817 of 2024(2) dt.21-08-2024 2/2 in custody since 05-07-2024 and has got two criminal antecedents. There is no compliance of Section 100 of Cr.P.C. 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 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 Cheriya Bariyarpur P.S. Case No. 01 of 2023.

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