Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23533 of 2025 Arising Out of PS. Case No.-17 Year-2025 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== Rohit Kumar, Late Guin Manjhi @ Shiv Govind Manjhi @ Govind Manjhi, Village- Shekhwara, PS-Magadh University District-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivendra Prasad, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-04-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Magadh University P.S. Case No. 17 of 2025 dated 15.12.2024 registered for the offences punishable u/s 126(2), 132, 115(2), 121(2), 324(4), 3(5) of the BNS and Section 30(a) and 45 of the Bihar Prohibition and Excise (Amendment) Act.

3. As per the prosecution case, total 10 litres of illicit country made liquor was recovered from the house of coaccused Vijay Chaudhary. It is further alleged that nine accused persons including the petitioner and some unknown persons attacked the police force in order to release the co-accused Vijay Chaudhary and seized liquor.

Patna High Court CR. MISC. No.23533 of 2025(2) dt.22-04-2025 2/2

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The alleged recovery was made from the house of the co-accused Vijay Chaudhary. The petitioner has one criminal antecedent in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 27.01.2025.

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

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned/ Exclusive Special Excise Court No. 1, Gaya in connection with Magadh University P.S. Case No. 17 of 2025.

7. The application stands allowed.

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