Patna High CourtCR. MISC./52729/2021bail granted

Rohit Kumar @ Rohit Sah v. The State Of Bihar

2021-12-16Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52729 of 2021 Arising Out of PS. Case No.-187 Year-2021 Thana- JAGDISHPUR District- Bhagalpur ====================================================== ROHIT KUMAR @ ROHIT SAH S/o Akhileshwari Prasad Sah R/o villageMundichak, P.S.- Tilkamanjhi, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Jagdishpur (Goradih) P.S.Case No. 187/2021 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 105.25 liters of illicit liquor from a Hundai car. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 8.6.2021. The learned counsel

Patna High Court CR. MISC. No.52729 of 2021(2) dt.16-12-2021 2/3 for the petitioner has further submitted by referring to paragraph no. 9 of the present petition that the petitioner was merely a passenger in the said car and he is neither the owner nor the driver of the said car.

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

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner is neither the owner nor the driver of the car in question and he is stated to be languishing in custody since 8.6.2021, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and

Patna High Court CR. MISC. No.52729 of 2021(2) dt.16-12-2021 3/3 Sessions Judge-II-cum-Special Judge (Excise Act)- cum Special Judge Vigilance (Trap) Act, Bhagalpur in connection with Jagdishpur (Goradih) P.S.Case No. 187/2021.

(Mohit Kumar Shah, J) Ajay/- U T