Amit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51171 of 2024 Arising Out of PS. Case No.-161 Year-2024 Thana- KOCHAS District- Rohtas ====================================================== 1.
AMIT KUMAR, Male, aged about 25 years, 2.
BOBY DEWAL, Male, aged about 23 years.
Both are SONS OF BHAGWAT RAM @ BHAGVAN RAM @ BHAGAWAN RAM R/V- PARSATHUA, WARD NO. 2, P.S.- KOCHAS, DISTT.- ROHTAS ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashi Kant, Advocate For the Opposite Party/s :
Ms.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 21-08-2024 Heard Mr. Shashi Kant, learned counsel appearing on behalf of the petitioners and Ms. Gulnar Begum, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Kochas P.S. Case No. 161 of 2024 registered for the offence(s) punishable under Section 30(a) of the Bihar Prohibition and Excise Act
3. As per the allegation made in the FIR, 22 litres of illicit liquor was recovered from a sack near Kali Mandir of village Parsathua.
Patna High Court CR. MISC. No.51171 of 2024(2) dt.21-08-2024 2/3
4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and they have falsely been implicated in the present case. Learned counsel further submitted that the alleged recovery of illicit liquor has been made near a temple, which is an open public place and the same is easily accessible by anyone and petitioners have no concern with the alleged seized liquor. Petitioners have clean antecedents.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. In the facts and circumstances of the case, the petitioners, above named, are directed to be released on prearrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.2cum-Additional District and Sessions Judge, Rohtas at Sasaram in connection with Kochas (Parsathua) O.P.) P.S. Case No. 161 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
7. The learned District Court is directed to verify the criminal antecedent of the petitioners and if it is found that the
Patna High Court CR. MISC. No.51171 of 2024(2) dt.21-08-2024 3/3 petitioners are involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.
(Purnendu Singh, J) Sanjay/- U T