Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49776 of 2019 Arising Out of PS. Case No.-57 Year-2019 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Rohit Kumar, Son of Hare Ram Singh Resident of Village - Naokothi, P.S.- Naokothi, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-08-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Naokothi P.S. Case No.57 of 2019 for the offence punishable under Section 30(a) of the Bihar Excise Act, 2016. The allegation against the petitioner as per the First Information Report is that police on secret report proceed towards PACS godown of Krishna Mahto and recovered a total quantity of 1192 litres of illicit IMFL from the room situated inside the godown.

Mr. Suresh Pandey, learned counsel appearing for the petitioner submits that petitioner has falsely been implicated in this case due to village politics and oblique motive by police

Patna High Court CR. MISC. No.49776 of 2019(2) dt.08-08-2019 2/3 inasmuch as the petitioner had earlier lodged a Sanha before the Court of CJM, Begusarai on 07.11.2017 stating therein that there was a possibility of false implication of the petitioner by the police due to vested interest.

Learned counsel further submits that the recovery of illicit liquor has been made from the godown not belonging to the petitioner and from perusal of the FIR as well as seizure list, it would be evident that the same has been recovered from the godown of one Krishna Mahto. As such, no prima facie case against the petitioner under the Excise Act is made out upon perusal of the FIR and seizure list.

After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that no illicit liquor has been recovered from the conscious possession of the petitioner or the premises belonging to the petitioner and further that petitioner has no criminal antecedent relating to the offence under the Excise Act, as such, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he

Patna High Court CR. MISC. No.49776 of 2019(2) dt.08-08-2019 3/3 shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II-cum-Special Judge, Begusarai, subject to the condition as mentioned under Section 438 (2) of Cr.P.C. (Anil Kumar Sinha, J) sanjeev/- U T