Rohit Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.478 of 2023 Arising Out of PS. Case No.-486 Year-2022 Thana- PHULWARIYA District- Gopalganj ====================================================== Rohit Raj Son Of Raj Kumar Singh, Resident of Village- Jadhua, Hajipur, P.S.- Hajipur, District- Vaishali At Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-03-2023 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode The petitioner seeks regular bail in connection with Phulwariya P.S. Case No. 486 of 2022 lodged under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

As per prosecution case, total 56.60 liter of wine has been recovered from a vehicle, which has been driven by the petitioner.

Learned counsel for the petitioner submits that petitioner has been apprehended upon chase. He further submits that the petitioner is the driver of the Baleno vehicle from which

Patna High Court CR. MISC. No.478 of 2023(2) dt.25-03-2023 2/2 the said recovery is there. Counsel further submits that antecedent of the petitioner is clean and he is in custody since 17.11.2022. He further submits that from the seizure list, it transpires that there is gross violation of Section 100 of Cr.P.C.. Counsel further submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise-I, Gopalganj in connection with Phulwariya P.S. Case No. 486 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T