Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38348 of 2023 Arising Out of PS. Case No.-150 Year-2023 Thana- BATHNAHA District- Sitamarhi ====================================================== Rohit Kumar Son of Shiv Sharan Raut @ Tengari, resident of village - Pipra Parsain Hanuman Nagar Darbar Lalbandi, P.S. - Sonbarsa, Distt. - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-07-2023 1.

Heard the learned counsel for the petitioner and learned APP for the State.

2.

This is an application for grant of anticipatory bail in connection with Bathnaha P.S. Case No.150 of 2023, registered for offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

3.

The allegation is regarding recovery of 504 litres of illicit nepali liquor from a Santro Car and when the driver was apprehended and

2/4 interrogated, he had disclosed the name of his accomplices, including that of the petitioner herein.

4.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. The learned counsel for the petitioner has further submitted that neither any illicit liquor has been recovered from the conscious possession of the petitioner nor the Santro car in question belongs to the petitioner, as has been categorically stated in paragraph no.7 of the present petition, hence the petitioner is not having any complicity in the matter.

5.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact

3/4 that neither the petitioner has been apprehended from the spot nor the vehicle in question from which illicit liquor has been recovered, belongs to the petitioner, this Court finds that no case is made out for the offences punishable under the provisions of the Bihar Prohibition and Excise Act, 2016, hence the bar under Section 76(2) of the Bihar Prohibition and Excise Act, 2016 shall not be an impediment for the purposes of grant of anticipatory bail to the petitioner herein, thus I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.

7.

Accordingly, the above named petitioner is directed to be enlarged on anticipatory bail, in the event of his arrest or surrender before the court below, within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-1st Sitamarhi, in connection with Bathnaha Police P.S. Case No.150 of 2023,

4/4 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) kanchan/- U T