Patna High CourtCR. MISC./819/2024allowed

Krishna Kumar Sah v. The State Of Bihar

2024-01-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.819 of 2024 Arising Out of PS. Case No.-116 Year-2023 Thana- JAYNAGAR District- Madhubani ====================================================== Krishna Kumar Sah S/o Manoj Sah R/o Village- Muriya, P.S.-Bhalpatti, (O.P), Distt- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No 13 For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 272, 273, 414/34 of the Indian Penal Code and Sections 30(a), 41 of the Bihar Prohibition & Excise Act. There is recovery of 175.8 litres of illicit liquor from an auto-rickshaw.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The

Patna High Court CR. MISC. No.819 of 2024(2) dt.23-01-2024 2/2 petitioner has no concern with the illicit liquor. The petitioner is languishing in custody since 18.03.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with Jaynagar P.S. Case No. 116 of 2023. (Sunil Kumar Panwar, J) Shageer/- U T