Krishnandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 75550 of 2019 Arising Out of PS. Case No.-524 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== KRISHNANDAN SINGH S/o Late Uchit Singh R/o Village and P.S.- Nayagaown, District- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 03-12-2019 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks bail in a case registered under Sections 272, 273 of Indian Penal Code and Section 30 (a) of Bihar Excise and Prohibition Act, 2016.

The petitioner is said to be the owner of the Tempo vehicle which has been searched near a Railway Crossing from which allegedly the liquor in question has been recovered. The recovery is of 53.28 liters.

It is submitted by the petitioner's counsel that the petitioner has no connection with the recovered items. It is his submission that the petitioner has been falsely implicated and even if some recovery has been made, the petitioner has no connection with the same and that the vehicle in question was being operated by the Driver. On account of such allegation and

Patna High Court CR. MISC. No.75550 of 2019(2) dt.03-12-2019 2/2 having no criminal antecedent, petitioner is in custody since 08.09.2019.

Learned APP for the State has opposed the prayer. Considering the rival submissions, this Court is inclined to accept the submission of the petitioner's counsel. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II -cum- Special Judge, Excise Act, Begusarai in Begusarai Town Police Station Case No 524 of 2018 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U