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Patna High CourtCR. MISC./68208/2019bail granted

Krishan Kumar v. The State Of Bihar

2019-11-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68208 of 2019 Arising Out of PS. Case No.-99 Year-2019 Thana- LALGANJ District- Vaishali ====================================================== KRISHAN KUMAR Son of Kapildeo Singh Resident of Village-Namidih, P.S.-Lalganj, District-Vaishali.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 353, 307, 308/34 of I.P.C. and Sections 30(a), 32(2), 41(1) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 1194.120 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 9.9.2019 and has got no criminal antecedent. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 1194.120 liters wine is recovered from the pick up van. The petitioner is the

Patna High Court CR. MISC. No.68208 of 2019(2) dt.18-11-2019 2/2 owner of the pick up van in question. The petitioner had no knowledge regarding the nature of goods in question booked by the transporter. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, 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 learned Additional Sessions Judge II-cum-Excise Court, Vaishali at Hajipur in connection with Lalganj P.S. case No.99 of 2019. (Sudhir Singh, J) Narendra/- U T