Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10466 of 2020 Arising Out of PS. Case No.-11 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== 1.

Rohit Kumar (Male aged about 25 years) son of Manoj Mehta , resident of village- Bairiya, P.S.- Gopalpur, Dist- Patna 2.

Aman Raj ( Male aged about 20 years) son of Munikant Raj, resident of village- Bhirha, P.S.- Rosra, Dist- Samastipur 3.

Nikhil Raj (Male aged about 21 years) son of Suresh Kumar Singh , resident of village- Biscoman Colony Patna, P.S.- Alamganj, Dist- Patna 4.

Rakshak Kumar (Male age about 22 years) son of Sunil Chaudhary, R/o village- Kumhrar, Biscoman Colony, P.S. Alamganj, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Archana Sinha @ Archana Shahi, For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-05-2020 Heard Mrs. Archana Sinha @ Archana Shahi , learned counsel for the petitioners and learned counsel appearing for the State through video conferencing.

Petitioners seek regular bail in connection with G.O. No. 11 of 2020 under P.S. Rajauli, registered for the offence punishable under Section 30(a) and 56 (b) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioners as per the prosecution report of the Excise Officials in brief is that the Police intercepted one Scorpio vehicle during vehicle search and

Patna High Court CR. MISC. No.10466 of 2020(4) dt.29-05-2020 2/3 recovered 62.640 liters of illicit liquor from the same. Learned counsel for the petitioners submits that petitioners have not committed any offence in the manner alleged inasmuch as petitioner no. 1 is the driver of the vehicle in question and other three petitioners had hired the vehicle for the purpose of attending a marriage ceremony. Learned counsel further submits that petitioners have got no criminal antecedent and they are in custody since 14.01.2020.

Having heard learned counsel for the parties and taking into consideration the fact that petitioners have got no criminal antecedent, petitioner no. 1 is the driver of the vehicle and other petitioners had taken the vehicle on hire and they are in custody since 14.01.2020, I am inclined to grant regular bail to the petitioners.

Accordingly, let the petitioners, above named, be released on regular bail on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District and Sessions Judge - II Cum-Special Judge Nawada in connection with G.O. No. 11 of 2020 under P.S. Rajauli.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding

Patna High Court CR. MISC. No.10466 of 2020(4) dt.29-05-2020 3/3 lockdown and social distancing.

(Anil Kumar Sinha, J) praful/- U T