Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25204 of 2023 Arising Out of PS. Case No.-85 Year-2023 Thana- MOKAMAH District- Patna ====================================================== 1.

Kanhaiya Kumar, Son of Shailesh Ram R/V- Sakrawa, PS-Asthawan, DistNalanda 2.

Angad Kumar Son of Dhananjay Kumar R/V- Madhochak, PS-Rahui, Distnalanda 3.

Navneet Kumar son of Devbrat Prasad @ Devbrat Kumar R/V- Mutazapur Gadanpura PS- Belchi, Dist- Patna 4.

Rajesh Kumar Son of Bhupendra Prasad R/V- Madhepur PS- Kashichak (Warsaliganj) dist- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar For the Opposite Party/s :

Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 18-05-2023 Heard Ld. counsel for the petitioners and Ld. APP for the State.

The petitioners seek bail in connection with Mokama P.S. Case No. 85 of 2023, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2022.

As per allegation, 51 liters of liquor has been recovered from the alleged vehicle.

Ld. counsel for the petitioners submits that the

2/4 petitioners are innocent and have falsely been implicated in this case. He further submits that nothing has been recovered from the conscious possession of the petitioners. He also submits that the petitioners have no concern either with the alleged vehicle or alleged recovery of liquor. He further submits that the petitioners have been languishing in jail since 06.03.2023.

It has also been stated in paragraph no. 3 of the bail petition that the petitioners have no criminal antecedent. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the present case.

However, Ld. APP for the State vehemently opposes the prayer of the petitioners for bail. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners, abovenamed, to be enlarged on bail on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Ld.

3/4 Special Judge, Excise, Barh, in connection with Mokama P.S. Case No. 85 of 2023 on the following conditions: (i) The petitioners will make themselves available for interrogation by a police officer/court as and when required.

(ii) The petitioners will undertake that investigation/trial will not get hampered on account of their absence or non-cooperation. They must be available to the police or the court whenever their presence is required. (iii) The petitioners shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer.

(iv) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.

4/4 (v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioners.

(vi) In case, the petitioners repeat offence of similar nature after enlargement on bail, their bail bond will be cancelled by the court below.

Ld. counsel for the petitioners is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

(Jitendra Kumar, J) skm/- U T