Kanhaiya Kumar @ Kanhaiya Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18098 of 2020 Arising Out of PS. Case No.-641 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== KANHAIYA KUMAR @ KANHAIYA SINGH S/o Braj Lal Singh @ Brajbhan Singh @ Brajbhanu Singh R/o village- Paspura, P.S.- Begusarai Mufassil, District- Begusarai ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-05-2020 (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018. Allegation is recovery of 140.04 litres of foreign liquor from the house of one Ramji Das.

It has been submitted on behalf of petitioner that petitioner is innocent and has been falsely implicated in this case. Nothing was recovered from the possession of petitioner

Patna High Court CR. MISC. No.18098 of 2020(2) dt.13-05-2020 2/2 and said recovery was made from one Ramji Das. Petitioner was not accused in any other case but subsequently he has been made accused in another case. Petitioner is in custody since 11.02.2020.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount to the satisfaction of learned court below, in connection with Begusarai Mufassil P.S. Case No. 641 of 2019 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) veena/rajivU T