Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75426 of 2022 Arising Out of PS. Case No.-480 Year-2022 Thana- SIWAN MUFFASIL District- Siwan ====================================================== ROHIT KUMAR Son of Santosh Kumar @ Santosh Kumar Yadav @ Guddu Yadav Resident of Village- Tarwana, P.S.- Muffasil, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Atul Shankar, Adv.

For the Opposite Party/s :

Ms. Asha Devi, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-03-2023 Let the defects, if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Siwan Muffasil P.S. Case No. 480 of 2022 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

As per the prosecution, the informant along with some other police personnel acting upon a secret information, intercepted the accused persons but on seeing the police party they managed to escape. It is further alleged that on search of a

Patna High Court CR. MISC. No.75426 of 2022(3) dt.15-03-2023 2/3 motorcycle and bushes around the alleged place of occurrence, 270 litres of country-made liquor was recovered and the names of this petitioner and co-accused persons were disclosed by the co-villagers.

The main submissions advanced by petitioner's counsel are that though the instant matter relates to recovery of 270 litres of country-made wine from a motorcycle and bushes but the petitioner was not apprehended at the spot and his role in the alleged crime was disclosed by co-villagers, with whom the petitioner has no good relation and he has been dragged in this case due to village enemies. Further submission is that the investigation has been completed against the petitioner and he has been languishing in jail since 10.10.2022 and against him there is criminal antecedent of one case, in which he was remanded from the present case and in the said case of criminal antecedent, he has got bail.

Learned APP appearing for the State has opposed the bail prayer.

In view of the facts, as stated above, the petitioner deserves to the privilege of bail. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.75426 of 2022(3) dt.15-03-2023 3/3 each to the satisfaction of the Court concerned in connection with Siwan Muffasil P.S. Case No. 480 of 2022. (Shailendra Singh, J) annu/- U T