Patna High CourtCR. MISC./46905/2023bail granted

Rohit Kumar v. The State Of Bihar

2023-07-31Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46905 of 2023 Arising Out of PS. Case No.-81 Year-2023 Thana- INDUSTRIAL District- Bhagalpur ====================================================== ROHIT KUMAR, aged about 25 years, Gender- Male, Son of Sudhir Mandal Resident of village - Ismailpur, P.S. - Ismailpur, Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Upadhyaya, Advocate For the Opposite Party/s :

Ms.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 31-07-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Industrial Area P.S. Case No. 81 of 2023 dated 26.04.2023 registered for the offence(s) punishable under Section(s) 30(a), 32(ii) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of total 184.425 litres of Indian made foreign liquor from two vehicles and petitioner is concerned to the recovery of 92.625 litres of foreign liquor made from a Tata Magic vehicle, in fact at the time of recovery, the petitioner was found as a driver in the said vehicle and he was discharging his duty bonafidely and in the present matter he has been languishing in jail since 27.04.2023 and against him, the

Patna High Court CR. MISC. No.46905 of 2023(2) dt.31-07-2023 2/2 investigation has been completed and similarly situated coaccused Sushil Kumar has been granted bail by this Bench vide order passed in Cr. Misc. No.40234 of 2023. Further submission is that though against the petitioner there are criminal antecedents of two cases but he has got bail in both the said cases.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the petitioner's young age and the completion of investigation against him and also the fact that the persons who have been made witnesses of the recovery of the alleged liquor are police officials, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail in connection with Industrial Area P.S. Case No. 81 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Sanjay/- U T