Patna High CourtCR. MISC./32978/2020bail granted

Rohit Kumar v. The State Of Bihar

2021-01-06Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32978 of 2020 Arising Out of PS. Case No.-147 Year-2020 Thana- AMAS District- Gaya ====================================================== 1.

ROHIT KUMAR Son of Ishwar Yadav Resident of Village - Mahuyadih, P.S.- Sherghati, District - Gaya 2.

Mithlesh Kumar Son of Munni Yadav Resident of Village - Mahuyadih, P.S.- Sherghati, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Murari Mishra, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nut, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-01-2021 Heard learned counsel for the petitioners and learned APP for the State. Learned counsel for the petitioners has filed an undertaking to remove all the defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The petitioners are in custody since 27.07.2020 in connection with Amas P.S. Case No. 147 of 2020 for the alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. It is submitted that the petitioners have been falsely implicated in connection with recovery of 50 litres of

Patna High Court CR. MISC. No.32978 of 2020(2) dt.06-01-2021 2/2 country-made wine from a motor-cycle and the alleged recovery has not been made from the conscious possession of the petitioners. The petitioners claim clean antecedents.

4. Learned APP appears and has been heard.

5. Be that as it may and having regard to the period of custody already suffered since 27.07.2020, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya in connection with Amas P.S. Case No. 147 of 2020, if they are not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioners within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) HR/- U T