Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41916 of 2022 Arising Out of PS. Case No.-142 Year-2019 Thana- MATIHANI District- Begusarai ====================================================== Kanhaiya Kumar Son Of Styanarayan Singh R/O Vill.- Mohan Aighu, P.S.- Mufassil, Dist.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2022 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 Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

It is a case of recovery of 14.640 liters of foreign wine from a motorcycle bearing Registration no.BR-39-9562, which belong to this petitioner.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that petitioner is ready to deposit Rs.5,000/- in favour of the District Legal Services Authority, Begusarai. Learned APP appearing for the State opposed the anticipatory bail and submitted that the petitioner is a registered

Patna High Court CR. MISC. No.41916 of 2022(3) dt.13-12-2022 2/2 owner of the vehicle in question, seized on the spot. Considering the aforesaid submissions, 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 thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.01, Begusarai in connection with Matihani P.S. Case No. 142 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C with further condition that at the time of furnishing bail bond, the petitioner shall produce receipt of Rs.5,000/ meant to be paid to District Legal Services Authority, Begusarai.

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