Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16919 of 2021 Arising Out of PS. Case No.-449 Year-2020 Thana- GOGRI District- Khagaria ====================================================== KANHAIYA KUMAR, Son of Niranjan Mishra, Resident of Village - Sirniya, P.S.- Gogri, Distt.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar, Advocate For the Opposite Party/s :

Dr. Mritunjaya Kumar Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, on a raid being conducted while three accused persons managed to escape, it is stated that seven accused persons including the petitioner herein were caught. A total of 10.47 litres of liquor and 30.8 litres of codeine syrup was recovered.

It is submitted by learned counsel for the petitioner that the allegations as levelled against the petitioner are false and concocted. No incriminating article has been recovered from his possession. He is in custody since 15.12.2020 and has

Patna High Court CR. MISC. No.16919 of 2021(2) dt.13-08-2021 2/2 no criminal antecedent.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner not having any criminal antecedent and having remained in custody for over 7 months, the Court directs the petitioner to be enlarged on bail in connection with Gogri P.S. Case no. 449/2020 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Khagaria.

Spd/- (Partha Sarthy, J) U T