Krishn Kumar @ Jhandu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73283 of 2022 Arising Out of PS. Case No.-153 Year-2021 Thana- CHACKMEHSI District- Samastipur ====================================================== Krishn Kumar @ Jhandu Son Of Rambharat Ray R/O Village- Mahmadpur, Devpal P.S.- Pusa, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 380.16 litres of Indian Made Foreign Liquor from a bolero jeep bearing engine No. TBH1K-95435 and motorcycle bearing engine No. 07HAM21637.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Neither the petitioner was

Patna High Court CR. MISC. No.73283 of 2022(2) dt.13-01-2023 2/3 arrested on spot nor any incriminating article has been recovered from his conscious possession. It is further submitted that petitioner is not named in FIR and during course of investigation, the name of petitioner came in light. It is submitted that petitioner has no concern with the seized liquor. He is languishing in judicial custody since 15.10.2022. It is submitted that several coaccused persons have been granted Bail vide order dated 05.08.2022 and 12.08.2022 passed in Cr. Misc. no. 13179 of 2022 and 19068 of 2022 respectively by this Court.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each

Patna High Court CR. MISC. No.73283 of 2022(2) dt.13-01-2023 3/3 to the satisfaction of the learned Special excise court I, Samastipur in connection with Chakmehsi P.S. Case No. 153 of 2021.

(Sunil Kumar Panwar, J) nirajkrs/- U T