Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66051 of 2024 Arising Out of PS. Case No.-181 Year-2024 Thana- BEUR District- Patna ====================================================== Rohit Kumar S/O Vinod Ray R/O Nirpura, P.S- Beur, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Jiban Pd Singh, Advocate For the Opposite Party/s :

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in Beur P.S. Case No. 181 of 2024, registered under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 14 liters liquor was recovered from scooty.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner also submits that name of the petitioner has transpired in this case on the basis of confessional statement made by the co-accused person and the same has got no evidentiary value. The petitioner has got no concern with the alleged recovery of liquor. It is further

Patna High Court CR. MISC. No.66051 of 2024(2) dt.01-10-2024 2/2 submitted that the petitioner is the owner of the scooty in question and he has no knowledge regarding the goods kept in his vehicle. The petitioner has got one criminal antecedent in which he is on bail. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Beur P.S. Case No. 181 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Rajorshi/- U T