Rohit Kumar Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36314 of 2021 Arising Out of PS. Case No.-451 Year-2020 Thana- RAJAON District- Banka ====================================================== ROHIT KUMAR VERMA SON OF BHOLA VERMA RESIDENT OF VILLAGE NAWDIHA, POLICE STATION PORAIYAHAT, DISTRICT GODDA, JHARKHAND ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Rajoun P.S.Case No. 451/2020, registered for the offence punishable under Section 30(a), (g), 32(2) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 205.50 litres of illicit liquor from a car, which is stated to be belonging to the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is

Patna High Court CR. MISC. No.36314 of 2021(2) dt.14-12-2021 2/3 having a clean antecedent and he is languishing in custody since 1.4.2021. The learned counsel for the petitioner has further submitted that the vehicle in question was being driven by the coaccused person, namely, Nilesh Kumar, at the time the alleged seizure of illicit liquor was made and he was neither arrested from the spot nor was present in the vehicle in question at the relevant time.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with

Patna High Court CR. MISC. No.36314 of 2021(2) dt.14-12-2021 3/3 two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Banka in connection with Special Excise No. 669/2020 arising out of Rajoun P.S.Case No. 451/2020.

(Mohit Kumar Shah, J) Ajay/- U T