Patna High CourtCR. MISC./78910/2023allowed

Krishna Kumar v. The State Of Bihar

2023-12-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78910 of 2023 Arising Out of PS. Case No.-485 Year-2023 Thana- KUCHAIKOTE District- Gopalganj ====================================================== KRISHNA KUMAR Son of Dinesh Bharti R/o Bahadurpur, P.S. - Tarya Sujan, Distt. - Kushinagar (UP) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepankar Raj For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a), of the Bihar Prohibition and Excise Act.

3. As per FIR, prosecution case relates to recovery of 44.400 liters country made liquor from a motorcycle and the petitioner was also apprehended on the spot.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. The petitioner has no concern with the alleged recovery nor bike in question belongs to him rather it belongs

Patna High Court CR. MISC. No.78910 of 2023(2) dt.07-12-2023 2/2 to his uncle. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody 26.09.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kuchaikote P.S. Case No. 485 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-IV-cum Exclusive Special Excise Court-II, Gopalganj. (Sunil Kumar Panwar, J) manishkumar/- U