Krishna Sao @ Krishna Nandan Prasad @ Krishna Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74665 of 2019 Arising Out of PS. Case No.-70 Year-2019 Thana- KORMA District- Sheikhpura ====================================================== KRISHNA SAO @ KRISHNA NANDAN PRASAD @ KRISHNA SAW Son of Late Baleshwar Sao Resident of Village- Murarpur, P.S.- Korma, DistrictSheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-12-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 272 and 273 of the IPC and Sections 30(a)(d) of the Bihar Prohibition and Excise Act, 2016.

It is alleged that 20 litres of country made illicit liquor were recovered when co-accused, Bittu Ram and Munna Ram were apprehended, who disclosed the name of the petitioner as the person who supplied them raw material for manufacturing the illicit liquor.

It is submitted by learned counsel for the petitioner that recovery has not been made from the conscious physical

Patna High Court CR. MISC. No.74665 of 2019(2) dt.04-12-2019 2/2 possession of the petitioner and the petitioner has not been apprehended from the place of seizure. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the name of the petitioner sprang up on the confession of apprehended co-accused persons. Considering the fact that recovery has not been made from the conscious physical possession of the petitioner, coupled with the fact that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned 2nd Addl. District and Sessions Judge, Sheikhpura in connection with Excise Case No. 338 of 2019, arising out of Korma P.S. Case No. 70 of 2019, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T