Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63763 of 2023 Arising Out of PS. Case No.-84 Year-2023 Thana- BASOPATTI District- Madhubani ====================================================== Kanhaiya Kumar Son Of Late Ajay Sah Resident Of Village- Basopatti (Chatti), P.S.- Basopatti, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar Sah For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 272, 273 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of total 153 liters of illicit liquor from three motorcycles and one co-accused apprehended on the spot who disclosed the name of escaped person as petitioner and one was unknown.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. His name has been transpired in this case on the basis of confessional statement of apprehended co-accused namely, Jiwan Kamat. He has no concern with the alleged recovery of liquor or with the vehicles in

Patna High Court CR. MISC. No.63763 of 2023(2) dt.10-10-2023 2/2 question. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. The other co-accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 05.07.2023 passed in Cr. Misc. No. 39175 of 2023. Petitioner is languishing in judicial custody since 18.08.2023. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise Act, Madhubani in connection with Basopatti P.S. Case No. 84 of 2023. (Sunil Kumar Panwar, J) lata/- U T