Kanhai Singh @ Kanhaiya Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29849 of 2020 Arising Out of PS. Case No.-89 Year-2020 Thana- SUPPI District- Sitamarhi ====================================================== 1.

KANHAI SINGH @ KANHAIYA KUMAR SINGH Son of Mahendra Singh Resident of Village - Narha, P.S.- Suppi, District - Sitamarhi 2.

Munchun Singh @ Munchun Kumar Son of Narendra Singh Resident of Village - Narha, P.S.- Suppi, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-12-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

At the outset, learned counsel for the petitioners seeks permission to withdraw the anticipatory bail petition with regard to petitioner no. 1, as during pendency of this case, Kanhai Singh @ Kanhaiya Kumar Singh petitioner no. 1, has already been arrested.

Prayer is allowed. The anticipatory bail petition with regard to petitioner no. 1 is dismissed as withdrawn having become infructous.

Heard learned counsel for the petitioner and learned

Patna High Court CR. MISC. No.29849 of 2020(2) dt.16-12-2020 2/3 A.P.P for the State.

The petitioner apprehends his arrest in Suppi P.S. Case No. 89 of 2020, registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act. 144 litres of Nepali liquor is said to have been recovered from bush situated behind the orchard of one Guddu Singh.

It is submitted that petitioner has falsely been implicated in this case. Nothing has been recovered from conscious possession of this petitioner. Petitioner no. 2 has got clean antecedent, as stated in para 3 of the petition. Considering the facts aforesaid, Munchun Singh @ Munchun Kumar petitioner no. 2, in the event of his arrest/surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Sitamarhi in connection with Suppi P.S. Case No. 89 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of

Patna High Court CR. MISC. No.29849 of 2020(2) dt.16-12-2020 3/3 Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T