Patna High CourtCR. MISC./58683/2023allowed

Rohit Kumar v. The State Of Bihar

2023-10-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58683 of 2023 Arising Out of PS. Case No.-409 Year-2023 Thana- RAMPUR District- Gaya ====================================================== 1.

Rohit Kumar S/O Karu Yadav R/O Village- Meghan Bigha, Ps. Bodhgaya, Dist. Gaya 2.

Rakesh Kumar S/O Bidal Yadav R/O Village- Meghan Bigha, Ps. Bodhgaya, Dist. Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yogesh Kumar For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-10-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for bail in a case instituted for the offence under Sections 414, 467, 468, 420/34 of the Indian Penal Code and Section 30(a) of the Arms Act. As per allegation in the FIR, both the petitioners were arrested on spot by the police personnel with stolen motorcycle and from the said motorcycle, 5.250 litres of illicit liquor was recovered.

It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. Provision of Section 100 CR.P.C. has not been followed by the

Patna High Court CR. MISC. No.58683 of 2023(3) dt.09-10-2023 2/2 police officials while preparing the seizure list. Petitioners have got no criminal antecedent and languishing in judicial custody since 18.6.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail after framing of charge. The above named petitioners are directed to be enlarged on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Spl. Judge Excise, Court No. 1, Gaya in connection with Rampur PS Case No. 409 of 2023.

(Sunil Kumar Panwar, J) sushma/- U