Rohit Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33002 of 2025 Arising Out of PS. Case No.-350 Year-2025 Thana- Excise P.S. District- Patna ====================================================== 1.

Rohit Raj S/O Ajay Patel Resident of Village- Dighi Kala East, Ward No.- 24, Police Station- Sadar, District- Vaishali 2.

Ravi Kumar S/O Late Ramnath Patel R/O Vill.- Imadpur Chakti, Police Station- Bhagwanpur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 22-05-2025 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner makes a prayer for bail in connection with Excise Patna P.S. Case No.350 of 2025 registered for offences under Section 30(a) and 56(b) of the Bihar Prohibition and Excise Act, 2016.

3. The First Information Report and the seizure list would indicate that there is a total recovery of 129.6 litres of illicit spirit made from one Mahindra XUV vehicle.

Patna High Court CR. MISC. No.33002 of 2025(2) dt.22-05-2025 2/3

4. Learned counsel for the petitioner submits that although, the petitioners were arrested on the spot, they are not the owners of the said vehicle and the petitioner No.1 is the driver and petitioner No.2 is the cleaner of the said vehicle. They had no knowledge about the fact that spirit was loaded in the said vehicle and the petitioners are in custody since 06.03.2025, with no criminal antecedent.

5. Learned APP for the State opposes the prayer for bail application.

6. In view of the facts and circumstances, the petitioners are enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount, each to the satisfaction of learned Special Judge Excise-3, Patna, in connection with Excise Patna P.S. Case No.350 of 2025, subject to the following conditions: (i) the petitioners shall co-operate in the investigation/trial.

(ii) the learned Court would, however, verify the criminal antecedent of the petitioners and in case it is found that the petitioners have concealed their criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioners. However, it is expected that the verification

Patna High Court CR. MISC. No.33002 of 2025(2) dt.22-05-2025 3/3 process would be done expeditiously without causing any delay.

(Soni Shrivastava, J) sharun/- U T