Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46195 of 2025 Arising Out of PS. Case No.-383 Year-2025 Thana- PIRBAHOR District- Patna ====================================================== 1.

Rohit Kumar son of Sipahi Ray Village- Golakpur PS -Pirbahore Dist -Patna 2.

Ravi Kumar son of Sanjay ray Village- Golakpur PS -Pirbahore Dist -Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mithilesh Kr. Arya, Advocate For the Opposite Party/s :

Mrs. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-07-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Pirbahore PS Case No. 383 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 110 litres of country made liquor was recovered from Scooty bearing Registration No. JH10AV-7416.

4.

Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is submitted that seized scooty does not belong to the petitioners.

Patna High Court CR. MISC. No.46195 of 2025(2) dt.21-07-2025 2/2 The petitioners are in custody since 19.05.2025. Petitioner no. 1 has no criminal antecedent and petitioner no. 2 has two criminal antecedents. There is no compliance of Section 103 of B.N.S.S. 5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners. 7.

Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pirbahore PS Case No. 383 of 2025.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T