Kanhaiya Kumar @ Kanhaiya Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13649 of 2025 Arising Out of PS. Case No.-484 Year-2024 Thana- BUXAR District- Buxar ====================================================== Kanhaiya Kumar @ Kanhaiya Yadav S/O Shri Bhagwan Yadav Resident of village- Parmeshwarpur, P.S.- Dawath, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mohit Shriwastava, Adv For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-03-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Buxar (Town) P.S. Case No.484 of 2024 registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 561.24 liters of IMFL/country-made liquor.

4. It is submitted by learned counsel appearing for petitioner that only being owner of the concerned vehicle which was used for carrying consignment of illicit liquor, this

Patna High Court CR. MISC. No.13649 of 2025(2) dt.05-03-2025 2/3 petitioner was implicated with present case. It is submitted that petitioner is not connected with alleged illicit liquor. It is pointed out that save and except suspicion, nothing survives against this petitioner and admittedly recovery of illicit liquor was not made from conscious physical possession of this petitioner. It is submitted that on the date of occurrence petitioner was in judicial custody in connection with Dawath P.S. Case No. 33 of 2024. While concluding argument, it is submitted that petitioner found involved in four more criminal cases as per para-3 of the petition, where in all the cases he is on bail.

5. Learned APP opposed the prayer of bail.

6. In view of aforesaid factual submissions and by taking note of fact as save and except suspicion arising out of disclosure made by co-accused, Santosh Kumar, nothing prima facie appears incriminating against this petitioner, where admittedly recovery of illicit liquor not appears to be made from conscious physical possession of this petitioner, accordingly, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender in the

Patna High Court CR. MISC. No.13649 of 2025(2) dt.05-03-2025 3/3 court below within a period of four weeks, 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 Exclusive Special Judge, Excise-1st, Buxar in connection with Buxar (Town) P.S. Case No.484 of 2024, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T