Rohit Yadav @ Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2160 of 2023 Arising Out of PS. Case No.-361 Year-2022 Thana- KEWATI District- Darbhanga ====================================================== ROHIT YADAV @ ROHIT KUMAR S/o Vishnudev Yadav R/v- Megha, P.S.- Keoti, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Shahnawaz Ali :

Mr.Padmanabh Kashyap For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner prayed for regular bail in connection with Keoti P.S. Case no. 361 of 2022 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. As per prosecution story, after getting secret information, the informant along with police personnel raided the house of the petitioner and apprehended him. Upon search, total 113.70 liters country made liquor was recovered from house of the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. A

Patna High Court CR. MISC. No.2160 of 2023(2) dt.28-03-2023 2/3 statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Petitioner has no concern with the alleged recovery of illicit liquor and nothing incriminating article has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 18.10.2022. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

The petitioner is directed to deposit a sum of Rs 10,000/- (Ten Thousand) in the District Legal Services Authority of concerned District.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Keoti P.S. Case No. 361 of 2022 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-1 (Excise Act), Darbhanga.

The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 10,000/- (Rs. Ten thousand) by the petitioner in the account of

Patna High Court CR. MISC. No.2160 of 2023(2) dt.28-03-2023 3/3 the concerned DLSA.

(Sunil Kumar Panwar, J) Amandeep/- U T