Rohit Kumar Mishra @ Rohit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80057 of 2023 Arising Out of PS. Case No.-150 Year-2023 Thana- CHACKMEHSI District- Samastipur ====================================================== ROHIT KUMAR MISHRA @ ROHIT KUMAR SON OF AMRENDRA MISHRA R/O VILLAGE- MALINAGAR, WARD NO. 13, P.S.- CHAKMEHSI, DIST.- SAMASTIPUR ... ... Petitioner/s
Versus
THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rohit Raj, Adv.
For the Opposite Party/s :
Mr.Tarkeshwar Nath Thakur, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2018.
3. Altogether 274.680 litres of foreign liquor has been recovered from a hut situated behind the house of petitioner. No person was apprehended on the spot.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or place of recovery or any trade of
Patna High Court CR. MISC. No.80057 of 2023(2) dt.15-12-2023 2/3 liquor. The allegation levelled against the petitioner is general and omnibus in nature. He was not apprehended on the spot. He had not consumed liquor. He has no concern with the alleged hut. His name has been transpired in the present case merely on suspicion. Petitioner has four criminal antecedents, one of them is of similar nature that of the present case.
5. Petitioner is agreed to deposit a sum of Rs. 20,000.00 (Rupees Twenty Thousand) in account of Mahavir Cancer Sansthan, Patna, bearing Account No.3332964762, IFSC Code: CBIN0282779, MICR Code: 800016018, Central Bank of India, Chitkohra Branch, Patna.
6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Chakmehsi P.S. Case No. 150 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that
(1) One of the bailors will be his own blood relative,
Patna High Court CR. MISC. No.80057 of 2023(2) dt.15-12-2023 3/3 preferably, father, mother, brother, sister and/or his wife.
(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in Mahavir Cancer Sansthan, Patna. (Anjani Kumar Sharan, J) divyanshi/- U T