Kanhaiya Singh @ Kanhaiya Kumar @ Kanhiya Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90338 of 2024 Arising Out of PS. Case No.-219 Year-2024 Thana- BEERPUR District- Begusarai ====================================================== Kanhaiya Singh @ Kanhaiya Kumar @ Kanhiya Kumar Singh Son of Ram Dinesh Singh @ Ram Vinesh Singh Resident of village - Babhangama, P.S.- Birpur, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha, Advocate For the Opposite Party/s :

Ms.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-01-2025 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Birpur PS case no. 219 of 2024, disclosing offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3.

The prosecution story, as per the First Information report, is that upon information that illicit liquor is being carried on a white colour Alto car which was going towards Karichak, Birpur, police party reached at the place of occurrence and recovered 22.875 liters of illicit foreign liquor from the said Alto car. The apprehended driver of the vehicle namely Ranjit Singh has disclosed the name of the petitioner and accordingly, seizure list was prepared.

4.

Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.90338 of 2024(2) dt.30-01-2025 2/2 petitioner has falsely been implicated in this case due to village politics. He further submits that petitioner was not arrested from the spot and his name transpired in this case on the basis of confessional statement of co-accused Ranjit Singh. He next submits that illicit liquor has been recovered from an Alto car which does not belong to the petitioner.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that illicit liquor has been recovered from an Alto car but the petitioner has no concern with the said Alto car, I am inclined to grant the privilege of anticipatory bail to the petitioner. 6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No. 1, Begusarai in connection with Birpur PS case no. 219 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T