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Kanhaiya Kumar @ Kanhaiya Kumar Sah v. The State of Bihar

Patna HC6 Mar 2024CR. MISC./13392/2024

Case brief

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What is this about?

The High Court at Patna, in an oral order, granted anticipatory bail to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act, subject to furnishing bail bonds and adhering to Cr.P.C. Section 438(2) conditions.

What did the court decide?

Petitioner released on anticipatory bail upon surrendering within six weeks by furnishing bail bonds of Rs. 500/- with two sureties.

Kanhaiya Kumar @ Kanhaiya Kumar Sah Vs The State of Bihar — Cheque Dishonour | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13392 of 2024

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Arising Out of PS. Case No.-203 Year-2022 Thana- Excise P.S. District- Samastipur

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

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Kanhaiya Kumar @ Kanhaiya Kumar Sah Son of Dilip Sah @ Dilip Kumar Sah Resident of Village- Maniyarpur (wrongly mentioned as Lohsarai Rohua West), Police Station- Warisnagar, District- Samastipur.

... ... Petitioner/s

Versus

2 06-03-2024

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bijay Bhushan Prasad, Adv. For the State : Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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... ... Opposite Party/s

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

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Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 10.500 liters of liquor from a Godown .

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Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that petitioner is not the owner of the Godown and he came to be implicated in the confessional statement of Mahesh

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Patna High Court CR. MISC. No.13392 of 2024(2) dt.06-03-2024 2/2

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Poddar in police custody, which has got no evidentiary value in the eyes of law.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Excise P.S. Case No. 203 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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(Satyavrat Verma, J)

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Arish/-

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U T

Kanhaiya Kumar @ Kanhaiya Kumar Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Kanhaiya Kumar @ Kanhaiya Kumar Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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