Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19095 of 2021 Arising Out of PS. Case No.-326 Year-2020 Thana- PHULWARIYA District- Gopalganj ====================================================== 1.

ROHIT KUMAR, Son of Bhagwan Lal Sah, Resident of Village - Laheria Sarai, Bakarganj, Ward no.4, P.S.- Laheria Sarai, Distt.- Darbhanga. 2.

Bajrangi Sah @ Bajarangi Sah, Son of Shankar Sah, Resident of Village - Laheria Sarai, Bakarganj, Ward no.4, P.S.- Laheria Sarai, Distt.- Darbhanga. 3.

Pawan Sah @ Pavan Sah, Son of Baijnath Sah, Resident of Village - Laheria Sarai, Bakarganj, Ward no.4, P.S.- Laheria Sarai, Distt.- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anant Kumar Bhaskar, Advocate For the Opposite Party/s :

Mr. Bisheshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioners have preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, about 157 litres of liquor was recovered from the car of the petitioner no.2 and the petitioners were taken into custody.

It is submitted by learned counsel for the petitioners that they have been falsely implicated in the case. No incriminating article has been recovered from their possession

Patna High Court CR. MISC. No.19095 of 2021(2) dt.04-09-2021 2/2 or the vehicle they were travelling. The petitioners are in custody since 31.12.2020 and have no criminal antecedent. Investigation in the case has concluded.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case together with the petitioner having remained in custody for over 8 months, the petitioners are directed to be enlarged on bail in connection with Phulwariya (Sirpur O.P.) P.S. Case no. 326 of 2020 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Addl. Sessions Judge, Gopalganj.

(Partha Sarthy, J) Spd/- U T