Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23286 of 2020 Arising Out of PS. Case No.-331 Year-2020 Thana- KUDHNI District- Muzaffarpur ====================================================== 1.

ROHIT KUMAR S/o Vijay Patel Resident of Village-Susta Madhopur, P.S.- Sadar, District-Muzaffarpur.

2.

Ranjit Kumar Son of Hariom Mahto Resident of Village-Susta Madhopur, P.S.-Sadar, District-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Md.Anjarul Haque Sahara (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-10-2020 Heard learned counsel for the parties.

This application for grant of regular bail arises out of Kudhani P.S. Case No. 331 of 2020 registered for the offence punishable under Sections 414 and 34 of the Indian Penal Code and Section 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

A truck was intercepted by the police, based on a secret information to the effect that huge quantity of illicit liquor was being transported. From the truck, two persons were apprehended, who disclosed their names and who are petitioners before this Court in this case. From the truck 6709.428 liters of foreign made liquor was recovered, leading to registration of

Patna High Court CR. MISC. No.23286 of 2020(2) dt.12-10-2020 2/3 F.I.R.

Learned counsel for the petitioners has submitted that the petitioners are merely employees of the persons involved in trade of illicit liquor and they cannot be said to be having any direct connection in illicit trade of liquor. However, considering the fact that the petitioners were arrested from the vehicle itself, which was carrying huge quantity of liquor (6709.428 liters), I am not inclined to grant the petitioner, privilege of regular bail for the present. This application is accordingly dismissed.

It is indicated that defect, if any, shall be shall be removed within two months.

Since there is a lockdown, the Court has considered it appropriate to adopt following procedure for communication of the present order:- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary. (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding.

Patna High Court CR. MISC. No.23286 of 2020(2) dt.12-10-2020 3/3 (iii) Hard copy of the order, duly signed by me, shall be preserved in my residential office for documentation and future use, if any.

(iv) Let a copy of the order be communicated to the learned court below through e-mail or any other appropriate electronic mode by the Registry.

Let steps be taken by the Registry for uploading of the present order without compromising with the norms of social-distancing.

AKASH/- (Chakradhari Sharan Singh, J) U T