Kanhaiya Sinha @ Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13464 of 2023 Arising Out of PS. Case No.-691 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Kanhaiya Sinha @ Kanhaiya Kumar Son Of Chandra Bhushan Sinha R/VLohiya Nagar, Ward No. 28, P.S.- Nagar, District- Begusarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Raj Kumar Sinha For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The prosecution case relates to recovery of total 39.780 liters foreign liquor from the house of the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Neither petitioner was arrested on the spot nor any incriminating article has been recovered from his conscious possession rather illicit liquor recovered from joint house of the petitioner which is an

Patna High Court CR. MISC. No.13464 of 2023(2) dt.25-04-2023 2/2 open place. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 17.01.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nagar(Lohiya Nagar) P.S. Case No. 691 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-cum-Special Judge, Excise Court No-1, Begusarai.

(Sunil Kumar Panwar, J) Manish/- U T