Patna High CourtCR. MISC./63618/2023allowed

Krishn Mohan Singh @ Krishan Mohan Kumar v. The State Of Bihar

2023-10-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63618 of 2023 Arising Out of PS. Case No.-132 Year-2022 Thana- KATHAIYA District- Muzaffarpur ====================================================== Krishn Mohan Singh @ Krishan Mohan Kumar Son Of Ram Ishwar Singh R/O Vill - Kudiya, P.S. - Kathaiya, Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Kumar For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 177.75 liters of illicit foreign liquor from a Bolero Pick-up bearing Reg. No. BR06GF-1048.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner was not apprehended on spot. His name transpired in this case on the basis of disclosure made by the driver of the said vehicle. The petitioner has no concern either with the said vehicle or with the

Patna High Court CR. MISC. No.63618 of 2023(2) dt.10-10-2023 2/2 said recovery of illicit liquor. Nothing has been recovered from his conscious possession. Moreover, he is languishing in judicial custody.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kathaiya P.S. Case No. 132 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise Court No.II, Muzaffarpur.

(Sunil Kumar Panwar, J) shubham/- U T