Patna High CourtCR. MISC./48249/2023bail granted

Rohan Kumar @ Rohan Raj v. The State Of Bihar

2023-07-28Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48249 of 2023 Arising Out of PS. Case No.-211 Year-2023 Thana- MAHUA District- Vaishali ====================================================== ROHAN KUMAR @ ROHAN RAJ Son of Sanjay Singh Resident of Village - Narangi Sarsikan (Margi), P.S.- Mahua, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Chandra, Advocate For the Opposite Party/s :

Mr. Arun Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

4. Allegation is of recovery of 14.400 litres of liquor near the Gumati (shop) of Amit Kumar.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even the alleged recovery is from a place which is accessible to public at large and does not belong to the petitioner.

Patna High Court CR. MISC. No.48249 of 2023(2) dt.28-07-2023 2/2

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Mahua P.S. Case No. 211 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

8. Learned counsel for the petitioner submits that the defects, as pointed out by the office, shall be removed in course of the day.

(Satyavrat Verma, J) Kundan/- U T