Rohit Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9338 of 2025 Arising Out of PS. Case No.-111 Year-2024 Thana- SAKATPUR District- Darbhanga ====================================================== Rohit Kumar Yadav Son of Vishwanath Yadav Resident of Village - Devana, Police Station - Sakatpur, District - Darbhanga. ... ... Petitioner/s
Versus
1.
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nawal Kishor Prasad, Advocate For the Opposite Party/s :
Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Sakatpur P.S. Case No. 111 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 609 liters of Nepali liquor was recovered from one Scorpio and two motorcycles.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Petitioner has no knowledge and concern with
Patna High Court CR. MISC. No.9338 of 2025(2) dt.14-02-2025 2/3 the alleged recovery. Nothing incriminating has been recovered from the possession of the petitioner. It is submitted that the name of the petitioner has transpired as being owner of the motorcycle bearing Chesis No. MD634BE80-R2K16310 and he has no knowledge regarding the nature of goods kept in the vehicle. It is further submitted that co-accused Sunil Yadav is uncle of the petitioner and had taken the motorcycle and has misused the same. The petitioner has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. Other co-accused has been granted anticipatory bail by this Court vide order dated 07.02.2025 passed in Cr. Misc. No. 8815 of 2025.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the rival submissions made by the learned counsel for the parties, let the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail
Patna High Court CR. MISC. No.9338 of 2025(2) dt.14-02-2025 3/3 bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sakatpur P.S. Case No. 111 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.
(Rudra Prakash Mishra, J) Raj Ranjan/- U T