Saroj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59397 of 2019 Arising Out of PS. Case No.-131 Year-2018 Thana- NOKHA District- Rohtas ====================================================== Saroj Kumar, Son of Pitambar Sah, Resident of Village - Amaithi, P.S.- Sanjhauli, Distt - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Singh, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2019 This is an application for grant of anticipatory bail in connection with Nokha P. S. Case No. 131 of 2018, disclosing offences under Section 414 of IPC and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case there is recovery recovery of one Pick-up van parked in front of the house of one Saroj Chaudhary. Petitioner is also named in the F.I.R and the motorcycle of the petitioner was also seized. Submission of the learned counsel for the petitioner is that there is no source of identification of the petitioner. Only because his motorcycle is recovered, he has been made accused in this case. There is no recovery from his motorcycle. Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail on the ground that though there is no recovery from the motorcycle, but the F.I.R. disclosed that there

Patna High Court CR. MISC. No.59397 of 2019(2) dt.19-09-2019 2/2 is huge quantity of liquor recovered from the pick-up van standing in front of the house of Saroj Chaudhary. Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned 2nd, Additional Sessions Judge-cum-Special Judge, Excise, Rohtas at Sasaram, in connection with Nokha P. S. Case No. 131 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T