Krishna Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72850 of 2025 Arising Out of PS. Case No.-197 Year-2025 Thana- RAXAUL District- East Champaran ====================================================== Krishna Patel S/O Parash Nath Patel Resident of village- Chainpur, P.SRaxaul, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Raxaul P.S. Case No. 197 of 2025 dated 07.05.2025, registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.

3. The allegation is of recovery of 46 litres country made liquor from orchard of Shambhu Sharan Patel.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that nothing has been recovered from the conscious possession of the petitioner, rather, the said seized illicit liquor was recovered from orchard of Shambhu Sharan Patel. Lastly, it has been submitted that he has two criminal

Patna High Court CR. MISC. No.72850 of 2025(2) dt.16-10-2025 2/3 cases of similar nature.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Raxaul P.S. Case No. 197 of 2025, he shall be released on anticipatory bail upon 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 Excise Court No. 3, East Champaran at Motihari, subject to condition as laid down under Section 482(2) of B.N.S.S. as also to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter

Patna High Court CR. MISC. No.72850 of 2025(2) dt.16-10-2025 3/3 the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

5. The petitioner shall appear before the Police Station of his local area in the first week of each month till framing of the charge/ disposal of the present case.

(Khatim Reza, J) prabhat/- U T