Kanhaiya Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29973 of 2026 Arising Out of PS. Case No.-376 Year-2026 Thana- Excise P.S. District- Kishanganj ====================================================== Kanhaiya Kumar S/O Murari Malakar R/O Village- Prabhat Colony, P.SK.Hat, District- Purnea. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Ranjan For the Opposite Party/s :
Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ANSUL ORAL ORDER 06-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Madya Nisedh P.S. Case No. 376 of 2026 registered for the offences punishable under Sections 30(a), 32(2) of the Bihar Prohibition and Excise Act.
3. The prosecution case is that 90.00 liters of foreign liquor was recovered from the dickey of the vehicle.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 01.04.2026 and has got one criminal
Patna High Court CR. MISC. No.29973 of 2026(2) dt.06-05-2026 2/2 antecedent.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-II, Kishanganj/concerned Court in connection with Madya Nisedh P.S. Case No. 376 of 2026.
8. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.
(Ansul, J) abhishekkr/- U