Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60746 of 2025 Arising Out of PS. Case No.-161 Year-2025 Thana- JITNA District- East Champaran ====================================================== Kanhaiya Kumar S/o Ramlakshan Rawat @ Ramjanm Raut, R/o Jagirahan, P.S- Jitna, Distt.- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rahul Singh, Advocate.

For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Jitna P.S. Case No.161 of 2025 instituted under Sections 30(a), 41(1) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of total 288 litre illicit Nepali liquor from two bicycles Near Jagiraha Chowk and the petitioner was apprehended on the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that petitioner was passerby and only on the basis of suspicion he has been arrested. Learned counsel submits that no incriminating article has been recovered from the conscious possession of petitioner. He further submits that

Patna High Court CR. MISC. No.60746 of 2025(2) dt.18-09-2025 2/2 petitioner has no concern with the alleged seized liquor. Learned counsel submits that there is no independent witness to the seizure list. He further submits that petitioner is in custody since 07.07.2025, having one criminal antecedent of similar nature, in which he is on bail and charge sheet had already been submitted in this case after completion of investigation. Learned counsel submits that there is no likelihood of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.3, East Champaran, Motihari in connection with Jitna P.S. Case No.161 of 2025. (Sunil Dutta Mishra, J) Ritik/- U T