Krishna Prasad @ Bengwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11503 of 2017 Arising Out of PS.Case No. -356 Year- 2016 Thana -PATNA GRP CASE District- PATNA ====================================================== Krishna Prasad @ Bengwa S/o Late Sanjay Prasad, Resident of MohallaKamla Nehru Nagar, P.S.-Kotwali, Dist-Patna .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Birendra Sharma, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 18-03-2017 Heard learned counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Patna G.R. P.S. Case No.356 of 2016 registered under Section 273 of the Indian Penal Code and Section 30 (A) of the Bihar Excise Act. Allegation in brief is that the petitioner was carrying 13 litres of illicit country made liquor kept in plastic sack in a Railway bogie while travelling in a train and apprehended by Railway Protection Force.

Learned counsel for the petitioner submits that nothing was recovered from possession of the petitioner many persons were travelling in the said crowded railway compartment and merely on suspicion without any basis petitioner was arrested and seizure list witnesses are police constables and a copy of the same

Patna High Court Cr.Misc. No.11503 of 2017 (2) dt.18-03-2017 2/2 was not given to the petitioner and the petitioner has been in custody since 15.11.2016.

Having considered the said facts and circumstances, the petitioner, namely, Krishna Prasad @ Bengwa is directed to 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 Railway Judicial Magistrate, Patna in connection with Patna G.R. P.S. Case No.356 of 2016.

(Arun Kumar, J) N.H./- U T