Mohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46863 of 2024 Arising Out of PS. Case No.-76 Year-2024 Thana- RAJAON District- Banka ====================================================== MOHIT KUMAR SON OF ASHOK KUMAR TANTI R/O- BHIKHANPUR (GUMTI NO. 1), P.S.- ISHAKCHAK, DISTT.- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-07-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Special Excise P.S. Case No. 59 of 2024 (arising out of Rajoun (Nabada) P.S. Case No. 76 of 2024) for the offences punishable under Section 30(a) Bihar Prohbition & Excise Amendment Act 2018.

3. The prosecution case, in short is that on a secret information, the informant along with police personnel, during vehicle checking, apprehended a car and the petitioner was apprehended at the spot and on search, 90 liters of illicit liquor was recovered from possession of the petitioner.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.46863 of 2024(2) dt.10-07-2024 2/2 this case. Nothing was recovered from possession of the petitioner. He has further submitted that the petitioner is a person of clean antecedent. The petitioner is under custody since 05.02.2024.

5. On the other hand, the learned counsel for the informant has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, and also the fact that the petitioner remained under incarceration for near about six months, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned ADJ-II-cum-Special Judge Excise Court No. 1, Banka in connection with Special Excise P.S. Case No. 59 of 2024 (arising out of Rajoun (Nabada) P.S. Case No. 76 of 2024), subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) Nirmal/- U T