Kanhai Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42507 of 2025 Arising Out of PS. Case No.-697 Year-2024 Thana- BIDUPUR District- Vaishali ====================================================== Kanhai Kumar S/o Randhir Rai R/o vill- Chechar, P.S.- Bidupur, DisttVaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shabina Talat, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-07-2025 Heard Learned Counsel for the petitioner and Learned A.P.P for the State.

2. The petitioner is apprehending arrest in connection with Bidupur P.S. Case No.697 of 2024, for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution, the total recovery of 50 litres of illicit liquor have been alleged to be made from a motorcycle, which is the subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that petitioner was not present on the spot and his name has been transpired only on suspicion. Counsel further submits that criminal antecedent of the petitioner is clean. He further submits that the petitioner is the owner of the said motorcycle where the alleged recovery has been made. He

Patna High Court CR. MISC. No.42507 of 2025(2) dt.09-07-2025 2/2 further submits that his younger brother used to run his motorcycle and petitioner has been unnecessarily made accused in this case.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that criminal antecedent of the petitioner is clean.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each with two sureties of the like amount each to the satisfaction of Exclusive Special Excise Court No.1-cum- District and Addl. Sessions Judge, Vaishali at Hajipur in connection with G.R. Case No.641 of 2025 in Bidupur P.S. Case No.697 of 2024, subject to the following conditions as laid down under Section 438(2) of Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T