Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80643 of 2019 Arising Out of PS. Case No.-301 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== KANHAIYA KUMAR Son of Jay Jay Ram Singh Resident of Village- Chhoti Aghu, P.S.- Muffasil, District - Begusarai.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kumar Sinha For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-12-2019 Heard the learned counsel for the petitioner and the State.

The petitioner, who is in custody since 16.10.2019, seeks bail in connection with Begusarai Muffasil P. S. Case No. 301 of 2019 dated 16.06.2019 instituted for the offences under Sections 414 and 34 of the Indian Penal Code and Sections 30 A and 41(1) of the Bihar Prohibition and Excise Act, 2016.

From the house of the petitioner, cash of Rs. 1,82,650 /- and two motor-cycles have been recovered. 834.75 litres of liquor said to be belonging to the

Patna High Court CR. MISC. No.80643 of 2019(2) dt.16-12-2019 2/3 petitioner, has been recovered from the house of one Jai Prakash Poddar.

Learned counsel for the petitioner has submitted that the cash and the motor-cycles which are stated to have been recovered from his house are his possession. However, the information to the police that the liquor which was recovered from the house of Jai Prakash Podder is of the petitioner is incorrect. The aforesaid accusation against the petitioner has been raised because the petitioner is not in the good books of the local police. In support of the aforesaid contention, learned counsel for the petitioner has shown to this Court two informatory petitions against the local police officials.

Considering the afore-stated facts and the period of custody of the petitioner, this petition is allowed.

The petitioner, above-named, is directed to be released on bail on his furnishing bail bonds in the sum

Patna High Court CR. MISC. No.80643 of 2019(2) dt.16-12-2019 3/3 of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, Excise Act, district - Begusarai in connection with Begusarai Muffasil P. S. Case No. 301 of 2019.

(Ashutosh Kumar, J) skm/- U