Rocky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59053 of 2022 Arising Out of PS. Case No.-443 Year-2022 Thana- MALSALAMI District- Patna ====================================================== ROCKY KUMAR Son of Late Suman Prasad R/O Chhoti Nagala, Panchit Baithka, P.S.- Malsalami, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kritu Verma For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-12-2022 Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offence punishable under Section 30 (a) and 36 of the Bihar Prohibition and Excise Act.

Prosecution case is that 25 litres of country made wine has been recovered from a motorcycle near Shiv Mandir. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner and he is no way connected with the aforesaid recovery. Petitioner is neither the owner nor the driver of the vehicle in question. Petitioner has got no criminal antecedent.

Patna High Court CR. MISC. No.59053 of 2022(2) dt.02-12-2022 2/2 Considering the facts of the case, in the event of arrest/surrender within six weeks from today, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Judge, Excise, Patna city in connection with Malsalami P.S. Case NO. 443/2022 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) asmit/- U T