Rohit Kumar @ Uttam @ Rohit Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4694 of 2024 Arising Out of PS. Case No.-686 Year-2023 Thana- LAHERIMUHALLA District- Nalanda ====================================================== ROHIT KUMAR @ UTTAM @ ROHIT RAJ SON OF AJAY RAM @ AJAY PRASAD R/O MOHALLA- GARH PAR, NEAR PAKAR TREE, P.S.- BIHAR, DIST.- NALANDA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Indu Bhushan, Adv.

For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-02-2024

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

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offenses punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act.

3. The learned counsel appearing for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 750 ML. of liquor from the possession of co-accused, Harsh Raj @ Vikash Kumar.

4. The learned counsel for the petitioner next submits that the petitioner was not arrested from the spot,

Patna High Court CR. MISC. No.4694 of 2024(2) dt.13-02-2024 2/2 as such, nothing was recovered from his conscious possession and he came to be implicated in this case based on confessional statement of the co-accused, Harsh Raj @ Vikash Kumar in police custody which does not have any evidentiary value.

5. The learned A.P.P. opposes the anticipatory bail application of the petitioner.

6. 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 court below within a period of six weeks, is directed to be released on bail on furnishing bail bonds of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of the learned 4th Additional District and Sessions Judge -cum- Special Judge, Excise-2, Nalanda at Biharsharif in connection with Laheri Case No. 686 of 2023 subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Satyavrat Verma, J) brajesh/- U T