Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21206 of 2024 Arising Out of PS. Case No.-301 Year-2023 Thana- LAUKAHI District- Madhubani ====================================================== 1.

Rohit Kumar Son of Gangaram Yadav Resident of Village- Jaruali, PsAndaramath, Distt- Madhubani 2.

Md. Abubakar @ Abubakar @ Bakar Son of Md. Daud Resident of VillageJaruali, Ps- Andaramath, Distt- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Bharti, Adv.

For the Opposite Party/s :

Mr.Satyendra Prasad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Laukahi P.S. Case No. 301 of 2023 instituted for the offences under Section 272, 273, 414/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per prosecution case, the police has recovered altogether 432 liter Nepali country made liquor from three motorcycles.

4. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.21206 of 2024(2) dt.18-03-2024 2/3 the petitioners are innocent and have committed no offence as alleged against them and have falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners are neither owner of the recovered vehicles nor connected with the recovered liquor. The petitioners have no criminal antecedent as has been stated in paragraph no.3 of the present bail application. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioners are languishing in judicial custody since 21.11.2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioners and the petitioners having no criminal antecedent, let the petitioners, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each

Patna High Court CR. MISC. No.21206 of 2024(2) dt.18-03-2024 3/3 with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Laukahi P.S. Case No. 301 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T