Kanhaiya Kumar @ Rupam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45962 of 2017 Arising Out of PS.Case No. -107 Year- 2017 Thana -GOPALPUR District- PATNA ====================================================== Kanhaiya Kumar @ Rupam, Son of Sri Manji Singh, Resident of Village - Bali Jagatpur, P.S. - Chandi, District - Nalanda & A/p, Prem Nagar Chakbairiya, P.S. Gopalpur, District - Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Sri Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2017 The petitioner seeks regular bail in connection with Special Case No. 3602 of 2017, arising out of Gopalpur (Patna) P.S. 107 of 2017, registered for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of 559 litres of foreign liquor. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and has not been arrested on spot and nothing has been recovered from his conscious possession. Further he has no criminal antecedent and has been in judicial custody since 11.07.2017.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with the direction to the court below to release the petitioner to his own

Patna High Court Cr.Misc. No.45962 of 2017 (2) dt.19-09-2017 2/2 satisfaction once charge is framed in this case or after completion of five months of judicial custody of the petitioner, whichever is earlier.

(Vinod Kumar Sinha, J) sunil/- U T