Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14663 of 2025 Arising Out of PS. Case No.-1170 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== 1.

Rohit Kumar Son of Umesh Yadav village- Pakha, Ps- Aurangabad Muffasil, Dist- Aurangabad 2.

Sohit Kumar Son of Shri Rampravesh Yadav village- Pakha, Ps- Aurangabad Muffasil, Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aman Vishal, Adv.

For the Opposite Party/s :

Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-03-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Excise P.S. Case No. 1170 of 2024 dated 21.11.2024 registered for the offences punishable u/ss 30(a), 32(3), 41(1) and 41(2) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 138 litres of illicit country made liquor was recovered from the Tempo.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The name of the petitioners was

Patna High Court CR. MISC. No.14663 of 2025(2) dt.28-03-2025 2/2 transpired in this case merely on suspicion. The petitioners are not the owner of the said vehicle and they have no knowledge about the aforesaid seized liquor. Learned counsel has further submitted that the seized vehicle belonged to the brother of the petitioner Rohit Kumar. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 21.11.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Aurangabad (Bihar) in connection with Excise P.S. Case No. 1170 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T