Patna High CourtCR. MISC./71960/2024bail granted

Krishna Kumar v. The State Of Bihar

2024-10-05Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71960 of 2024 Arising Out of PS. Case No.-232 Year-2024 Thana- Excise P.S. District- Madhubani ====================================================== Krishna Kumar Son of Vindeshwar Yadav Resident of Village- Kuadh, Police Station- Jaynagar, District -Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar Sah, Adv.

For the Opposite Party/s :

Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-10-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sadar Excise P.S. Case No. 232 of 2024 arising out of G.O. Case No. 2172 of 2024 dated 25.08.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 162 litres of illicit Nepali country made liquor was recovered from the motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not the owner of the said vehicle. The

Patna High Court CR. MISC. No.71960 of 2024(2) dt.05-10-2024 2/2 petitioner is only the driver of the said vehicle and he has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 26.08.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani in connection with Sadar Excise P.S. Case No. 232 of 2024 arising out of G.O. Case No. 2172 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T