Krishna Kumar @ Krishna Sahni @ Krishna Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62471 of 2022 Arising Out of PS. Case No.-189 Year-2022 Thana- SURYAGARHA District- Lakhisarai ====================================================== KRISHNA KUMAR @ KRISHNA SAHNI @ KRISHNA KUMAR SAHNI, S/O SURESH SAHNI, Resident of Village- Alinagar, P.S.- Surajgarha, District- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parmanand Pd. Nr. Sahi, Advocate For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-01-2023 Today being Friday, matters are being taken up through virtual mode, as per current procedure for hearing. Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Surajgarha P.S. Case No. 189 of 2022 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution case alleges that 30 liters country made liquor has been recovered from the poultry farm. The petitioner has been apprehended while fleeing away.

Learned counsel for the petitioner submits that even as per prosecution case, recovery is not from the petitioner's possession. He has been implicated only on account of his antecedents in excise cases under the Bihar Prohibition and Excise Act. He is in custody

Patna High Court CR. MISC. No.62471 of 2022(2) dt.13-01-2023 2/2 since 23.06.2022. He has no concern with the alleged recovered liquor or the poultry farm.

Learned APP for the State has opposed the prayer for bail. Considering the rival submissions, manner of recovery, nature of allegation and the fact that investigation is complete, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. 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 learned Additional Sessions Judge IVth-cum-Special Judge, Excise 1st, Lakhisarai, in connection with Surajgarha P.S. Case No. 189 of 2022, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shashank/- U T