Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39451 of 2020 Arising Out of PS. Case No.-31 Year-2020 Thana- BADHAILA District- Rohtas ====================================================== ROHIT KUMAR, son of Ram Narayan Singh Resident of Village- Rotwan Bazar, P.S. Baghaila, District- Rohtas ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Shankar Kumar For the Opposite Party/s :

Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-07-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 24.12.2020, within four weeks of starting of Court proceeding in physical mode in normal course. Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in connection with Baghaila P.S. Case no. 31 of 2020, registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The accusation is that in course of patrolling duty, two persons were seen on motorcycle. On seeing the Police personnel, both persons, threw sack, and fled away accelerating the speed of motorcycle. On search of sack, nine pouches, each

Patna High Court CR. MISC. No.39451 of 2020(2) dt.15-07-2021 2/2 containing five litres country made liquor recovered. The persons present there disclosed the name of Rohit Kumar (Petitioner), who succeeded to flee away, but they could not disclose the name of other person, who was in association with the petitioner.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that petitioner was not apprehended on the spot. Further submission is that the name of person, who disclosed the name of petitioner, has not been disclosed in the F.I.R. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise, Rohtas at Sasaram in connection with Baghaila P.S. Case No. 31 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T