Kanhaiya Kumar @ Langra v. The State Of Bihar

Patna High Court Cr.Misc. No.7760 of 2017 (2) dt.01-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7760 of 2017 Arising Out of PS.Case No. -121 Year- 2016 Thana -BEERPUR District- BEGUSARAI ======================================================

1. Kanhaiya Kumar @ Langra, son of Navin Singh, Resident of VillageBabhangama, P.S.- Birpur, District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar Jha For the Opposite Party/s : Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-03-2017 Heard learned counsel for the petitioner, and the learned counsel representing the State.

The petitioner apprehends his arrest in connection with Birpur P.S Case No. 121 of 2016 registered for the offences punishable under Sections 273 and 290 of the Indian Penal Code and Section 47 and 53 of Bihar Excise Amendment Act. Allegedly, from the residential premises of the petitioner 118 bottles of foreign liquor out of which 72 bottles each containing 375 ml. and 46 bottles each containing 180 ml. were recovered and the petitioner succeed in fleeing away. Submission is of false implication and that the petitioner is a handicapped person and he is not in a position to flee away speedily and under the wrong fact he has been made

Patna High Court Cr.Misc. No.7760 of 2017 (2) dt.01-03-2017 accused to which the learned A.P.P. seriously opposes. In the facts and circumstances stated above, considering the alleged recovery from the residential premises of the petitioner, I am not inclined to grant privilege of pre-arrest to him and accordingly, his such prayer stands rejected in connection with Birpur P.S. Case No. 121 of 2016, pending in the Court of learned ACJM-I, Begusarai.

(Jitendra Mohan Sharma, J) sushma/- U T