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Patna High CourtCR. MISC./1607/2025bail granted

Rohit Kumar Singh @ Rohit Kumar v. The State Of Bihar

2025-01-29Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1607 of 2025 Arising Out of PS. Case No.-122 Year-2024 Thana- DANDARI District- Begusarai ====================================================== Rohit Kumar Singh @ Rohit Kumar S/o Late Sunil Singh R/o VillageKatarmala, Ward No.- 6, P.S.- Dandari, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Dandari PS Case No. 122 of 2024 instituted for the offences under Sections 30(a), 32(2), 41(1) and 41(2) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 180 litres of foreign liquor was recovered from Pick-up Van. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that petitioner is neither the owner nor the driver of the seized

Patna High Court CR. MISC. No.1607 of 2025(2) dt.29-01-2025 2/2 vehicle. It is further submitted that mahal chowkidar disclosed the name of the petitioner. The petitioner is in custody since 22.11.2024 and has got one criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dandari PS Case No. 122 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T