Krishna Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Krishna Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted: petitioner enlarged on bail on furnishing bail-bond of Rs.20,000/- with two sureties of the like amount each, subject to the condition of physical presence before the court below on every date, failing which on two consecutive dates without reasonable cause the bail bond is liable to be cancelled.

Issue for consideration

Whether the petitioner, arraigned in Gardanibagh P.S. Case No. 798 of 2023 / Spl. Case No. 7133/2023 for offences under Sections 30(a), 32(2), 32(3), 36 and 41(2)(1) of the Bihar Prohibition and Excise Act, should be enlarged on regular bail.

Court's answer

Considering the facts and circumstances of the case and the period of custody, the petitioner is directed to be enlarged on bail on furnishing a bail-bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the learned court concerned, Patna, in connection with Gardanibagh P.S. Case No. 798 of 2023, Special Case No. 7133/2023.

Ratio / Principle

Bail is conditioned on the petitioner remaining physically present before the learned court below on each and every date; failure to appear on two consecutive dates without reasonable cause renders the bail bond liable to cancellation.

Detailed headnote1 paragraphs

Bail — Regular bail — Bihar Prohibition and Excise Act, Ss. 30(a), 32(2), 32(3), 36, 41(2)(1) — Prosecution case of recovery of 1527 litres of illicit foreign liquor from an ambulance — Petitioner pleaded innocence, stated he was merely the driver of the vehicle with no concern with the alleged recovery, that nothing was recovered from his conscious possession, and that he had no criminal antecedent — In custody since 01.12.2023 — Considering the facts and circumstances and the period of custody, the Patna High Court (Chandra Prakash Singh, J) enlarged the petitioner on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each — Condition imposed: petitioner to remain physically present before the court below on each and every date, failing which on two consecutive dates without reasonable cause the bail bond is liable to be cancelled — Application allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9950 of 2025

Arising Out of PS. Case No.-798 Year-2023 Thana- GARDANIBAG District- Patna

======================================================

Krishna S/O Janak Raj R/o 77/128,Gopal Colony, Kabri Road, Panipat, P.SModal Town, District-Panipat, Harayana.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr.Kumar Rajeev, Adv. For the Opposite Party/s : Mr.Akshay Lal Pandit, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

2 20-03-2025

Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Gardanibagh P.S. Case No. 798 of 2023, Spl. Case No. 7133/2023 dated 01.12.2023 registered for the offences punishable u/ss 30(a), 32(2), 32(3), 36, 41(2)(1) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 1527 litres of illicit foreign liquor was recovered from the Ambulance.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the driver of the said vehicle and he has no concern with the alleged recovery. Nothing has been

Patna High Court CR. MISC. No.9950 of 2025(2) dt.20-03-2025 2/2

recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 01.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Gardanibagh P.S. Case No. 798 of 2023, Special Case No. 7133/2023 with the condition :-

(i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J)

Gautam/-

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