Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36922 of 2022 Arising Out of PS. Case No.-601 Year-2021 Thana- SHEKHPURA District- Sheikhpura ====================================================== Rohit Kumar Son of Karu Ram R/O- Vill-Murarpur, P.S.- Korma, Dist.- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary For the Opposite Party/s :

Mr. Narain Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Excise Case No. 427 of 2021 registered for the offence under Sections 472, 273 and 414 of the I.P.C. and under Sections 30(a)/32/41 of the Bihar Prohibition and Excise Act, 2018 and under Sections 25(1-b)a/26/35 of the Arms Act.

The accused/petitioner is named in the F.I.R. and is in custody since 23.11.2021.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 39 litres of IMFL/country made liquor from the

Patna High Court CR. MISC. No.36922 of 2022(2) dt.20-08-2022 2/3 motorcycle bearing registration no. BR42B-2065. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is no way connected with seized motorcycle from where alleged illicit liquor was made. It is also submitted that to make the allegations more aggravated, the petitioner shows to be in possession of one live cartridge, where seizure list for that reason is not supported by independent witnesses. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded that recovery of illicit liquor was made from motorcycle, as per seizure list.

Considering the facts and circumstances as mentioned above, as petitioner appears not to be connected with seized motorcycle in the background of disputed seizure list coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Excise Case No. 427 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court of

Patna High Court CR. MISC. No.36922 of 2022(2) dt.20-08-2022 3/3 learned 2nd Additional District and Sessions Judge, Sheikhpura/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T