Patna High CourtCR. MISC./22254/2025bail granted

Rohit Kumar v. The State Of Bihar

2025-04-09Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22254 of 2025 Arising Out of PS. Case No.-83 Year-2025 Thana- RUPASPUR District- Patna ====================================================== Rohit Kumar S/o- Jalil Nat R/o- North Mandir PS- Budha Colony Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mithilesh Kumar Arya, Adv.

For the Opposite Party/s :

Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Rupaspur P.S. Case No. 83 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered total 50 liters of illicit country-made liquor from the Scooty. The petitioner was arrested on the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is not the owner of the seized Scooty. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no

Patna High Court CR. MISC. No.22254 of 2025(2) dt.09-04-2025 2/2 concern with the seized liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 02.02.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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 petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rupaspur P.S. Case No. 83 of 2025. (Rudra Prakash Mishra, J) rishi/- U T