Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21598 of 2022 Arising Out of PS. Case No.-153 Year-2022 Thana- MALSALAMI District- Patna ====================================================== Rohit Kumar S/O Devendra Rai R/O Village- Damrahighat, Near Humad Mill, P.S.- Malsalami, District- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 26-07-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Malsalami P.S. Case No. 153 of 2022 registered for the offences punishable under Sections 30(a) 36 of the Bihar Prohibition and Excise Act, 2018.

As per prosecution case, there is alleged recovery of 270 litre country made Mahua wine from the motorcycles in question and petitioner is one of the persons who were apprehended on spot along with others Learned counsel for the petitioner submits that petitioner is in custody since 17.03.2022 and bears no criminal

Patna High Court CR. MISC. No.21598 of 2022(2) dt.26-07-2022 2/3 antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that no incriminating article has been recovered from the conscious possession of the petitioner. It has been further submitted that petitioner is innocent and has falsely been implicated in this case The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence and also taking into consideration the material available on record, let the petitioner above named be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Patna City, Patna in connection with Malsalami P.S. Case No. 153 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

Patna High Court CR. MISC. No.21598 of 2022(2) dt.26-07-2022 3/3 (ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) sanjeev/- U T