Patna High CourtCR. MISC./63056/2023bail granted

Rohit Kumar v. The State Of Bihar

2023-10-06Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63056 of 2023 Arising Out of PS. Case No.-257 Year-2023 Thana- DIDARGANJ District- Patna ====================================================== Rohit Kumar, aged about 24 years (Male), S/O- Yamuna Yadav, resident of Village- Madhopur, P.S.- Didarganj, Dist- Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Parmeshwar Vishwakarma, Advocate For the Opposite Party :

Mrs. Sucheta Yadav, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Didarganj P.S. Case No. 257 of 2023 dated 06.08.2023 registered for the offence punishable under Sections 30(a) and 36 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 50 litres of illicit Mahua liquor alongwith a Motorcycle was recovered from the possession of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has clean antecedent, as stated in

Patna High Court CR. MISC. No.63056 of 2023(2) dt.06-10-2023 2/2 paragraph no. 3 of the bail petition. It is further submitted that nothing has been recovered from the conscious possession of the petitioner and the petitioner has no concern with the seized illegal Mahua wine and the Motorcycle. The petitioner is neither the owner nor the driver of the Motorcycle in question. He is in custody in this case since 06.08.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Patna City, in connection with Didarganj P.S. Case No. 257 of 2023.

7. The application stands allowed.

U.K./- (Chandra Prakash Singh, J) U T