Patna High CourtCR. MISC./71393/2023bail granted

Krishna Kumar v. The State Of Bihar

2023-11-07Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71393 of 2023 Arising Out of PS. Case No.-2142 Year-2023 Thana- Excise P.S. District- Purnia ====================================================== 1.

KRISHNA KUMAR Son of Ram Prakash Yadav R/o vill - Sihpur Punarvash, P.S. - Nayagaon, Distt. - Begusarai 2.

Keshav Kumar Jha @ Keshav Kumar Son of Shobhakant Jha R/o vill - Sonapur Dih, P.s. - Nayagaon, Distt. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are in custody since 02.09.2023 in connection with Excise P.S. Case No. 2142 of 2023 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 153.600 litres of illicit liquor has been recovered from the dickey of the vehicle.

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case merely on the basis of suspicion. He further submits that nothing has been recovered from the possession of these petitioners. He further submits that Petitioner No. 1 is the driver of the vehicle whereas petitioner No. 2 is occupant and they have no knowledge about

Patna High Court CR. MISC. No.71393 of 2023(2) dt.07-11-2023 2/2 the consignment.

5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case, let the petitioner above named 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 learned Exclusive Special Excise Judge Court No. 2, Purnea in connection with Excise P.S. Case No. 2142 of 2023.

7. The petitioners are directed to mark their attendance in Nayagaon police station on 1st Sunday of every month.

(Sandeep Kumar, J) Saif/- U T