Patna High CourtCR. MISC./70142/2025allowed

Krishana Kumar @ Jhandu @ Krishana Kumar v. The State Of Bihar

2025-10-07Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70142 of 2025 Arising Out of PS. Case No.-57 Year-2025 Thana- PUSA District- Samastipur ====================================================== Krishana Kumar @ Jhandu @ Krishana Kumar Son of Rambharat Ray @ Ram Bharaf Ray Village -Madapur Chapra PO- and PS -Pusa District -Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Kumar, Adv For the Opposite Party/s :

Mr.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 30(a) of the Bihar Prohibition& Excise Amendment Act.

3. The case of the prosecution is that altogether16.62 liters of foreign liquor was recovered from Bathan of this petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. It is further submitted that recovery has been made from an open place. Nothing has been recovered from conscious possession of the petitioner. It has been submitted that from

Patna High Court CR. MISC. No.70142 of 2025(2) dt.07-10-2025 2/2 perusal of the seizure list, it will transpire that the witnesses are police personnel and the seizure list does not contain the signature of the petitioner. The petitioner is in custody since 05.08.2025 having criminal antecedent of five cases in which he is on bail.

5. The learned APP for the State vehemently opposes the prayer for bail of the petitioner.

6. Considering the fact and circumstances of the case and submissions of the parties, let the above named petitioner, 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 the learned Exclusive Special Judge, Excise 1st Samastipur in connection with Pusa P.S. Case No. 57 of 2025 with a condition that the petitioner shall not indulge himself in similar nature of offence in future.

(Ashok Kumar Pandey, J) N.K/- U T