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Kanhai Kumar @ Kanhai v. The State of Bihar

Patna HC6 Mar 2019CR. MISC./13188/2019

Case brief

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What is this about?

The Patna High Court granted bail to the petitioner, who was facing arrest under the Bihar Prohibition and Excise Act for liquor offences. He was released on furnishing a bond of Rs. 20,000 with sureties and a bond to cooperate with the investigation.

What did the court decide?

Petitioner to be released on bail on furnishing Rs. 20,000 with two sureties if arrested or surrendered within thirty days, subject to cooperation with investigation.

Kanhai Kumar @ Kanhai Vs The State of Bihar — Anticipatory Bail | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13188 of 2019

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Arising Out of PS. Case No.-158 Year-2018 Thana- NAUBATPUR District- Patna

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======================================================

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Kanhai Kumar @ Kanhai Son of Naval Kishore Sharma Resident of Bari Tangraila, P.S- Naubatpur, District- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay, Advocate For the Opposite Party/s : Mr. Madhuri Lata, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER

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2 06-03-2019

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a)/41(i) of the Bihar Prohibition and Excise Act, 2016.

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Submission is that the liquor was recovered from two referred vehicles. None of the vehicles belong to the petitioner nor the petitioner was apprehended at the time of recovery. Petitioner has been implicated on the statement of co-accused that the petitioner was the person who fled away.

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Considering the fact that there is no substantial material against the petitioner for consideration of anticipatory bail, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days

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Patna High Court CR. MISC. No.13188 of 2019(2) dt.06-03-2019 2/2

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from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court-below where the case is pending in connection with Special Case No.3448 of 2018, arising out of Naubatpur Police Station Case No. 158 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

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(Birendra Kumar, J)

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Mkr./-

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U T

Kanhai Kumar @ Kanhai v. The State of Bihar

Case brief

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Kanhai Kumar @ Kanhai v. The State of Bihar

Case brief

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