Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50635 of 2023 Arising Out of PS. Case No.-546 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== KANHAIYA KUMAR Son of Sankar Tanti Resident of Village-Khamhar, P.S.-Muffasil, District-Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Braj Bhushan Poddar For the Opposite Party/s :

Mr. Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Begusarai Muffasil P.S. Case No. 546 of 2022 registered for the offences punishable under Section 272, 273, 120(b) of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2018, pending in the Court of learned Exclusive Special Excise Judge-1st, Begusarai.

3. As per the prosecution case, 1228.620 liters of foreign liquor is said to have been recovered from a Bolero pickup van.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.50635 of 2023(2) dt.11-08-2023 2/2 case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner has no any concern with the seized vehicle or seized liquor. The petitioner has got no criminal antecedent as mentioned in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for anticipatory bail and submits that the petitioner is also involved in the present case.

6. Considering the facts and circumstances of case and the fact that huge quantity of illicit liquor is recovered, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. (Anjani Kumar Sharan, J) anand/- U T