Kanhaiya Singh @ Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64922 of 2021 Arising Out of PS. Case No.-80 Year-2021 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== KANHAIYA SINGH @ KANHAIYA KUMAR Son of Parshuram Singh Resident of Village - Paspura, Ward No. 17, Police Station - Muffasil, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar, Advocate For the Opposite Party/s :

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-06-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Muffasil PS case no. 80 of 2021 instituted for the offences punishable under Sections 120(B) of the Indian Penal Code and 30(a), 41(1) of Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation is regarding recovery of 1298.985 liters of illicit liquor from one Scorpio vehicle and one Pick-up van.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody

Patna High Court CR. MISC. No.64922 of 2021(2) dt.09-06-2022 2/3 since 10.09.2021. The learned counsel for the petitioner has further submitted that since the petitioner is accused in other similar type of cases, he has been falsely implicated in the present case. It is also submitted by referring to paragraph no. 11 of the present petition that the petitioner does not have any concern with the vehicles in question from where the illicit liquor has been recovered.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner has categorically averred in the present petition that the vehicles from where the illicit liquor has been recovered does not belong to the petitioner apart from the fact that he has not been arrested from the spot and has been falsely implicated in the present case merely on suspicion, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.64922 of 2021(2) dt.09-06-2022 3/3 satisfaction of learned court of A.D.J. II-cum-Special Judge, Excise Act, Begusarai in connection with Muffasil PS case no. 80 of 2021.

(Mohit Kumar Shah, J) rinkee/- U T