Patna High CourtCR. MISC./26576/2021bail granted

Rohit Kumar v. The State Of Bihar

2021-11-26Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26576 of 2021 Arising Out of PS. Case No.-43 Year-2021 Thana- DANAPUR District- Patna ====================================================== 1.

ROHIT KUMAR S/o Sanjay Rai 2.

INDAL KUMAR YADAV S/o Vijay Rai Both R/o Haldi Chhapra, Satana, P.S.- Maner, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kameshwar Singh, Adv.

For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-11-2021 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 414 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, three accused persons including the two petitioners herein were caught however on search, no incriminating article was recovered from their possession. A total of 80 litres of mahua liquor was recovered from the motorcycle.

It is submitted by learned counsel for the petitioners that the two petitioners have been falsely implicated

Patna High Court CR. MISC. No.26576 of 2021(2) dt.26-11-2021 2/2 in the case. No incriminating article has been recovered from their possession. They are in custody since 12.1.2021 and have no criminal antecedent.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the petitioners being in custody for more than 10 months and having no criminal antecedent, the Court directs the two petitioners to be enlarged on bail in connection with Special Case no.317 of 2021 (arising out of Danapur P.S. Case no.43 of 2021) 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 Special Judge, Excise, Patna.

(Partha Sarthy, J) Saurabh/- U T