Vishal Kumar @ Kanhaiya Kumar @ Langra @ Kanhaiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81148 of 2024 Arising Out of PS. Case No.-20 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== Vishal Kumar @ Kanhaiya Kumar @ Langra @ Kanhaiya, son of Navin Singh village- Babhangama, P.S.- Birpur, Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bipin Kumar, Advocate For the State :
Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 13-12-2024
1. Heard Mr. Bipin Kumar, learned counsel for the petitioner and Mr. Sanjay Kumar Sharma, learned APP for the State.
2. The petitioner seeks regular bail in connection with Government Complaint Case No. 20C2 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
3. The main submissions advanced by the learned counsel appearing for the petitioner are that though the instant matter relates to the recovery of 905 litres of foreign liquor from a Tata Sumo Victa vehicle but admittedly the petitioner was not apprehended at the spot and one co-accused Niraj @ Sunny is
Patna High Court CR. MISC. No.81148 of 2024(2) dt.13-12-2024 2/3 said to have been apprehended at the spot of recovery who, according to the police revealed the name of this petitioner but except the statement of the said co-accused there is no material against this petitioner to connect him to the alleged recovered liquor and further he has no connection to the seized vehicle. It is further submitted that one similarly situated co-accused namely, Kanhaiya Singh @ Kanhaiya Kumar has been granted bail by this court vide order dated 21.04.2023 passed in Cr. Misc. No. 17788 of 2023. It is further submitted that though against this petitioner there are criminal antecedents of six cases out of them he has got bail in four cases and in this matter he has been languishing in jail since 08.10.2024 and against him the investigation has been completed.
4. Learned APP appearing for the State has opposed the bail prayer of the petitioner.
5. Considering the above submissions made by the petitioner's counsel and taking into account the completion of investigation against this petitioner and his custody period, this court is inclined to release him on bail. Accordingly, let the petitioner named-above be enlarged on bail in connection with Government Complaint Case No. 20C2 of 2019 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two
Patna High Court CR. MISC. No.81148 of 2024(2) dt.13-12-2024 3/3 sureties of the like amount each to the satisfaction of the Court concerned.
(Shailendra Singh, J) Rajiv/- U T