Patna High CourtCR. MISC./25931/2019bail granted

Rohit Kumar Singh v. The State Of Bihar

2019-05-02Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25931 of 2019 Arising Out of PS. Case No.-296 Year-2018 Thana- KADWA District- Katihar ====================================================== ROHIT KUMAR SINGH, aged about 25 years, Male, Son of Kedar Singh Resident of Village- Basandho, Police Station- Balia Belon, District-Katihar ... Petitioner

Versus

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

For the Petitioner :

Mr. Ratnakar Ambastha, Adv.

For the Opposite Party :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 02-05-2019 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. The petitioner seeks bail in connection with Kadwa (Balia Balon) P.S. Case No. 296 of 2018 for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that the petitioner was apprehended along with a motorcycle which was without registration number along with 22.800 liters of country made wine. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and is languishing in judicial custody since 13.03.2019. However, the learned Additional Public Prosecutor for

Patna High Court CR. MISC. No.25931 of 2019(2) dt.02-05-2019 2/2 the State opposes the prayer for bail.

Considering the nature of allegations and that the petitioner does not bear any criminal antecedent, as stated in paragraph 3 of the present application, 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 in connection with Kadwa (Balia Balon) P.S. Case No. 296 of 2018 to the satisfaction of the learned Additional District Judge II-cum-Special Judge, Katihar, or the successor Court, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) Shamshad/- U T