Kanhaiya Kumar @ Vishal Kumar @ Langra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79253 of 2024 Arising Out of PS. Case No.-103 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== Kanhaiya Kumar @ Vishal Kumar @ Langra S/O Navin Singh R/O VillageBabhangama, P.S- Birpur, Distt.- 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. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Government Complaint Case No. 103C2 of 2020 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that 3015.360 litres of foreign liquor was recovered from the truck. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery

Patna High Court CR. MISC. No.79253 of 2024(2) dt.12-11-2024 2/3 of liquor. It is submitted that petitioner is neither the owner nor the driver of the vehicle in question. The petitioner is in custody since 08.10.2024 and has got six criminal antecedents. There is no compliance of Section 100 of Cr.P.C.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Government Complaint Case No. 103C2 of 2020., subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance

Patna High Court CR. MISC. No.79253 of 2024(2) dt.12-11-2024 3/3 on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T