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2025 DAILYLAW 50243 (PAT)

Kanhaiya Kumar v. The State of Bihar

CR. MISC./37764/2025 · 2025-07-25

Chandra Prakash Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37764 of 2025 Arising Out of PS. Case No.-300 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Kanhaiya Kumar S/O Gauri Mahto @ Gauri Mahato R/O Village- Jhakhiya Ward no. 10, P.S.- Banjariya, District- East Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs. Ranjana Srivastava For the Opposite Party/s: Mrs. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 2 25-07-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner apprehends his arrest in connection with Excise P.S. Case No.300 of 2021, registered for the of- fences under Section 30(a), 47(a) of the Bihar Prohibition and Excise (Amendment) Act. 3. As per the FIR, total 36 litres of illicit foreign liquor was recovered from two different motorcycles. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Nothing has been recov- ered from the conscious possession of the petitioner. The re- covery is made from motorcycles and petitioner has no concern Patna High Court CR. MISC. No.37764 of 2025(2) dt.25-07-2025 2/2 with them. The petitioner has no concern with the alleged re- covery. Petitioner has no criminal antecedent. 5. Learned APP for the State has vehemently op- posed the prayer for bail. 6. Considering the facts and circumstances of the case, let the above named petitioner, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on anticipatory bail on furnish- ing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court No.2, East Champaran, Moti- hari, in connection with Excise P.S. Case No.300 of 2021, sub- ject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023. 7. This application stands allowed. shikha/- (Chandra Prakash Singh, J) U T