Kanhaiya Kumar @ Kanhaiya Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38349 of 2020 Arising Out of PS. Case No.-11 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== Kanhaiya Kumar @ Kanhaiya Sah, Son of Late Bhagwat Sah, Resident of Village - Pokharia Ward No 35, P.S. - Nagar, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Sinha, Advocate.

For the Opposite Party/s :

Mr. Rajeev Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-07-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office, within four weeks of starting of the Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner apprehends his arrest in connection with Begusarai Excise Case No. 11C2 of 2020, registered under Section 30(a) of the Bihar Excise Act, 2016, pending in the court of Additional Sessions Judge-II-cum-Special Judge Excise, Begusarai.

The accusation is of recovery of several bottles in the volume of 136.98 litre of Indian made foreign liquor from

Patna High Court CR. MISC. No.38349 of 2020(2) dt.07-07-2021 2/2 the back of the house of the petitioner on indication of Shravan Kumar.

Learned counsel for the petitioner submits that the alleged bottles of Indian made foreign liquor are said to be recovered from the back of the house of the petitioner not from the house of the petitioner. Further submission is that petitioner has no criminal antecedent.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to him. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T