Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61343 of 2025 Arising Out of PS. Case No.-484 Year-2024 Thana- NAUTAN District- West Champaran ====================================================== Rohit Kumar S/o Ratnesh Pandey R/o Village - Mahamada, P.S - Piprakothi, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Rathore Alias Kundan Kumar For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-09-2025 Heard the parties.

2. The petitioner is apprehending arrest in connection with Nautan P.S. Case No. 484 of 2024 instituted under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 lodged on 06.12.2024 by the informant, Shamshad Ahmad.

3. As per the prosecution story, the Police intercepted a motorcycle and there is recovery/seizure of 12.24 liters of foreign liquor. This led to the FIR.

4. Learned counsel for the petitioner submits that he has no criminal antecedent nor the motorcycle belongs to him.

5. Learned APP opposes the prayer.

6. Taking into account the aforesaid facts as also that the petitioner ha no criminal antecedent, in that background, this

Patna High Court CR. MISC. No.61343 of 2025(2) dt.23-09-2025 2/3 Court is inclined to extend him the privilege of anticipatory bail.

8. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Nautan P.S. Case No. 484 of 2024 to the satisfaction of learned Special Judge Excise Court No.1, Bettiah, West Champaran/concerned Court, Bettiah, West Champaran subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(iii) the petitioner shall co-operate in the investigation

Patna High Court CR. MISC. No.61343 of 2025(2) dt.23-09-2025 3/3 and make himself available to the police as and when required; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T