Patna High CourtCR. MISC./64779/2023allowed

Kanhaiya Kumar v. The State Of Bihar

2023-10-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 64779 of 2023 Arising Out of PS. Case No.-127 Year-2023 Thana- DHANSOI District- Buxar ====================================================== KANHAIYA KUMAR Son of Lalji Prasad Singh R/o Village-Dhobhi, P.S.- Dhansoi, District-Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mohit Shriwastava For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a), of the Bihar Prohibition and Excise Act.

3. As per FIR, prosecution case relates to recovery of 135 liters country made liquor from two motorcycles and one Tata Magic van and the petitioner was also apprehended on the spot.

4. 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 present case merely on the basis suspicion. The petitioner has

Patna High Court CR. MISC. No. 64779 of 2023(2) dt.11-10-2023 2/2 no concern with the alleged recovery and vehicles in question do not belong to him nor he was driver of any vehicles. No any incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that Section 100 of the Cr.P.C. has not been followed while preparing the seizure list. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 20.08.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dhansoi P.S. Case No. 127 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Special Court, No-1, Buxar. (Sunil Kumar Panwar, J) manishkumar/- U T