Mohit Rajput v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47391 of 2021 Arising Out of PS. Case No.-464 Year-2020 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Mohit Rajput Son of Saudan Singh Resident of Village- Pali Pratappur, P.S.- Janpur, District- Buland Sahar, Uttar Pradesh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Anand For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-11-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Gopalganj P.S. Case No. 464 of 2020, registered for the offence punishable punishable under Section 30(a), 41(1) of the Bihar Prohibition and Excise Act, 2018.

Total 797 litres of foreign liquor has been recovered from two different vehicles out of which 410.325 litres of foreign liquor has been recovered from vehicle of this petitioner who along with co-accused Rajesh Kumar was apprehended on the spot.

It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner is neither

Patna High Court CR. MISC. No.47391 of 2021(2) dt.22-11-2021 2/2 driver nor owner of car in question and he was simply a copassenger. Petitioner is in custody since 22.08.2020 having no criminal antecedent, as stated in para 3 of the petition. Investigation is complete.

Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, is directed to be 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 the learned Additional District & Sessions Judge II-cum-Special Judge Excise, Gopalganj in connection with Gopalganj P.S. Case No. 464 of 2020. (Prabhat Kumar Singh, J) vinita/- U T