Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12210 of 2022 Arising Out of PS. Case No.-860 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== ROHIT KUMAR SON OF MAHESH CHAUDHARY R/O VILLAGEMITHANPURA, P.S.- AHIYAPUR, DISTRICT- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Ahiyapur P.S. Case No. 860 of 2021 lodged under Section 290 of the Indian Penal Code and read with 30(a) and 36 of Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that total recovery relating to the present case is alleged to be 78.750 liters of foreign wine recovered from the car. He further submits that alleged recovery was not made from conscious possession of the petitioner and he is in custody since 10.12.2021. Charge sheet has already been filed in this case and petitioner having clean antecedent.

Learned APP for the State opposes the prayer for bail.

Patna High Court CR. MISC. No.12210 of 2022(2) dt.29-06-2022 2/2 Considering the facts and circumstances that the petitioner is in custody since 10.12.2021 having clean antecedent and charge sheet has already been submitted, let the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Court No. 1, Muzaffarpur in connection with Ahiyapur P.S. Case No. 860 of 2021. (Dr. Anshuman, J) Gautam/- U T