Patna High CourtCR. MISC./81808/2024bail granted

Rohit Kumar v. The State Of Bihar

2024-12-02Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81808 of 2024 Arising Out of PS. Case No.-285 Year-2024 Thana- SURYAGARHA District- Lakhisarai ====================================================== Rohit Kumar Son of Ramkrit Ram Resident of Village - Dhanari Ward No. 14, P.S. - Surajgarha, District - Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Prasad, Adv.

For the Opposite Party/s :

Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Surajgarha P.S. Case No. 285 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered total 30 litres of illicit country-made liquor from Puwal kept in front of the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner was not arrested on spot and nothing incriminating has been recovered from his conscious possession. The petitioner has no concern with the seized liquor or the alleged Puwal from which the alleged recovery of illicit liquor

Patna High Court CR. MISC. No.81808 of 2024(2) dt.02-12-2024 2/2 has been made. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner has one criminal antecedent in which he is on bail and is languishing in judicial custody since 04.01.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, 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 Court below/concerned Court in connection with Surajgarha P.S. Case No. 285 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T