Krishna Kumar @ Krishna Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86580 of 2019 Arising Out of PS. Case No.-292 Year-2019 Thana- KALYANPUR District- East Champaran ====================================================== Krishna Kumar @ Krishna Kumar Yadav, Son of Kanhai Rai Resident of Village - Koila, P.S.- Chakia, Distt - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhurendra Kumar For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It is alleged that 52 litres of country made liquor were recovered from the motorcycle of the petitioner. It is submitted by learned counsel for the petitioner that the petitioner was not driving the motorcycle in question at the time of the recovery and a statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Considering the fact that the recovery has been made from the motorcycle of the petitioner, this Court is not inclined

Patna High Court CR. MISC. No.86580 of 2019(2) dt.20-02-2020 2/2 to grant anticipatory bail to the petitioner. However, in view of the fact that the petitioner was not driving the motorcycle in question and statement being made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, it is a case for consideration of prayer for regular bail by the learned Court below, if the petitioner surrenders before the learned Court below within a period of six weeks from today in connection with Kalyanpur P.S. Case No. 292 of 2019, pending in the Court of learned 9th Additional Sessions Judge -cumSpecial Judge, Excise, East Champaran, Motihari. Accordingly, this application is disposed of. (Dinesh Kumar Singh, J) DKS/- U T