Rohan Kumar @ Tunna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9476 of 2024 Arising Out of PS. Case No.-271 Year-2023 Thana- MANIGACHI District- Darbhanga ====================================================== Rohan Kumar @ Tunna S/O Anil Kamti @anil Kumar Kamti VillageDahaura, Ps.- Manigachhi, Dist. Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Baidyanath Prasad, Advocate For the State :

Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Manigachhi P.S. Case No. 271 of 2023 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3.

As per prosecution case, there is recovery of total 261 liters of illicit Nepali liquor from orchard, which is adjacent to the house of one Rohan Kumar.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 26-12-2023. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.9476 of 2024(2) dt.20-02-2024 2/2 counsel that petitioner has been falsely implicated in the present case. Petitioner has no concern with the alleged recovered liquor. The recovery is from an open place, which is accessible to one and all. There is no compliance of Section 100 of the Code of Criminal Procedure, 1973.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and manner of implication, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Manigachhi P.S. Case No. 271 of 2023.

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