Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74395 of 2024 Arising Out of PS. Case No.-162 Year-2024 Thana- NOORSARAI District- Nalanda ====================================================== Kanhaiya Kumar Son of Dewan Singh @ Devnandan Singh Resident of Village- Atramchak, P.S.- Noorsarai, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh For the Opposite Party/s :

Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Noorsarai P.S. Case No. 162 of 2024 registered for the offences punishable under Sections 25(1-b)(a), 26, 35, 25 pf the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, later on Section 25(9) of the Arms Act has been added.

3. As per the prosecution case, 06 litres of foreign liquor along with arms and ammunition have been recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not

Patna High Court CR. MISC. No.74395 of 2024(2) dt.28-10-2024 2/2 specific rather general and omnibus in nature. He submits that as a matter of fact the petitioner was/is residing at Maharastra since much before his livelihood and on the alleged date he was not present of his village. The petitioner has two criminal antecedents as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for anticipatory bail and submits that the illicit articles have been recovered from the house of the petitioner.

6. Considering the facts and circumstances of case and the nature of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

(Anjani Kumar Sharan, J) anand/- U T