Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46999 of 2019 Arising Out of PS. Case No.-43 Year-2019 Thana- MARANCHI District- Patna ====================================================== Kanhaiya Kumar Son of Shoshu Singh @ Shashi Singh Resident of Mohalla - Dhanraj Tola, Ward No. 6, Barahiya, P.S.- Barhiya, District - Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parmod Kumar For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 353, 504, 414 of the Indian Penal Code and Sections 30(a), 37(b)(c) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 750 ml. wine and one motorcycle is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 30-04-2019. Charge sheet in this case has already been submitted. It is alleged that 750 ml. wine and one motorcycle is recovered. The petitioner had no knowledge that the motorcycle, in question is a stolen

Patna High Court CR. MISC. No.46999 of 2019(2) dt.30-07-2019 2/2 property. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Special Case No. 4203 of 2019 arising out of Maranchi P.S. Case No. 43 of 2019. (Sudhir Singh, J) A.K.V.//- U T