Patna High CourtCR. MISC./34562/2022allowed

Kanhiya Kumar @ Kanahiya Singh v. The State Of Bihar

2022-09-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34562 of 2022 Arising Out of PS. Case No.-328 Year-2021 Thana- LAKHISARAI District- Lakhisarai ====================================================== Kanhiya Kumar @ Kanahiya Singh S/O Uday Singh @ Late Uday Singh R/O Village- Balgudar, P.S.- Lakhisarai, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 62.625 litres of Indian made foreign liquor from the side of river and rice mill. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicate in this case. It is also submitted that nothing has been recovered from the conscious possession of the petitioner. The recovery was made

Patna High Court CR. MISC. No.34562 of 2022(2) dt.23-09-2022 2/2 from the public place. It is further submitted that the petitioner has no concern either with the seized illicit liquor or with the place of seizure.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-cum- Exclusice Special Excise Court I, Lakhisarai in connection with Lakhisarai P.S. Case No. 328 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T