Krishna Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77964 of 2023 Arising Out of PS. Case No.-321 Year-2019 Thana- Excise P.S. District- Rohtas ====================================================== KRISHNA KUMAR SINGH SON OF LATE KASHINATH SINGH RESIDENT OF VILLAGE - K.D.M. TOWER GANDHI NAGAR, PSDEHRI, DISTT- ROHTAS AT SASARAM ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dharmendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Nityanand , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-09-2024 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30 (a) of Bihar Prohibition and Excise Act.
3. It is alleged that 10.800 liters of english wine was recovered from the motorcycle of this petitioner.
4. It is submitted by learned counsel for the petitioner that petitioner is innocent and has falsely been implicated in this case . The motorcycle in question has already been stolen for which F.I.R., was lodged by petitioner 18.10.2017 by Dehri Nagar P S Case No. 813 of 2017 u/s- 379 of the IPC and police submitted charge sheet against unknown persons , as such
Patna High Court CR. MISC. No.77964 of 2023(3) dt.11-09-2024 2/2 petitioner is not responsible for the aforesaid recovery of the incriminating article . No incriminating material has been recovered from the conscious possession of the petitioner and he is no way connected with the aforesaid recovery. Petitioner claims clean antecedent.
5. Learned counsel for the State opposes the bail petition.
6. Considering the facts of the case that motorcycle of the petitioner has already been stolen , clean antecedent of the petitioner and other circumstances of the case , in the event of arrest/surrender within eight weeks from today, 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 Court of Exclusive Special Judge Excise Court No. 1st Rohtas at Sasaram in connection with Excise Police Station Case No. 321 of 2019, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .
(Prabhat Kumar Singh, J) Koushik/- U T