Rohit Lal Deo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30296 of 2019 Arising Out of PS. Case No.-139 Year-2018 Thana- SIMRI District- Darbhanga ====================================================== Rohit Lal Deo, S/o Rabindra Lal Deo, R/o village- Biuani, P.S.- Bahadurpur, District- Darbhanga ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Das, Advocate For the Opposite Party/s :

Mr.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 07-05-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Simri P.S. Case No.139 of 2018 as well as G.O. Case No.998 of 2018 for the offences under Sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that in the instant case total 2305 liters of Nepali liquor was seized and the petitioner is in custody since 25.01.2019. He further submits that nothing was recovered from the conscious possession of the petitioner.

Learned counsel further submits that in similar circumstance other co-accused Sanjay Kumar has been granted bail by this Court in Criminal Misc. No.15590 of 2019 vide

Patna High Court CR. MISC. No.30296 of 2019(2) dt.07-05-2019 2/2 order dated 13.03.2019.

Considering the fact that in similar circumstance other co-accused Sanjay Kumar has been granted bail by this Court in Criminal Misc. No.15590 of 2019 vide order dated 13.03.2019, the Court is inclined to grant bail to the petitioner. Let the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-Vth-cum- Special Judge, Excise Act, Darbhanga, in connection with Simri P.S. Case No.139 of 2018 with the condition that both the bailors should be the elected representative of the local body.

(Anil Kumar Upadhyay, J) sunil/- U T