Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68811 of 2022 Arising Out of PS. Case No.-756 Year-2022 Thana- ALAMGANJ District- Patna ====================================================== ROHIT KUMAR, S/o Rajendra Sahani, R/o - Meena Bazar, Kura Par, P.S.- Alamganj, Distt- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Avinash, Advocate For the Opposite Party/s :

Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Alamganj P.S. Case No. 756 of 2022 registered under Section 414 of the Indian Penal Code and Sections 30(a) and 36 of Bihar Prohibition and Excise (Amendment) Act, 2018.

6 persons have been apprehended, while they were moving on three motorcycles. It is alleged that from each motorcycle there is recovery of 50 litres illicit liquor.

Learned counsel for the petitioner submits that petitioner was driving the motorcycle without knowing the fact of illicit liquor being carried by the pillion rider. He has no concern with the motorcycle or alleged recovery. Having clean antecedent, he is stated to be in custody since 28.09.2022. Recovery is denied and disputed by learned counsel for the petitioner. It is submitted that recovery is

Patna High Court CR. MISC. No.68811 of 2022(2) dt.10-02-2023 2/2 not in accordance with law and investigation is complete. Learned APP has opposed the prayer for bail.

Considering the rival submissions, manner of recovery, clean antecedent, period of custody and the fact that investigation is complete, this Court, for the limited purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel.

Prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Patna City, in Alamganj P.S. Case No. 756 of 2022, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shashank/- U T