Rohan Das @ Rohit Das @ Rohit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82961 of 2024 Arising Out of PS. Case No.-633 Year-2024 Thana- Excise P.S. District- Bhagalpur ====================================================== Rohan Das @ Rohit Das @ Rohit Kumar S/o- Santosh Das Resident of village- Mirjapur ward no 5, Ps- Sabour District- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md.Najmul Hodda, Advocate For the Opposite Party/s :
Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-12-2024 Heard the parties.
2. The petitioner is in custody in connection with Excise (Sadar) P.S. Case No. 633 of 2024 for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act lodged on 10.08.2024 by the informant, Birendra Kumar Pathak.
3. As per the prosecution story, the informant alleged that during patrolling, a Toto was intercepted and there is recovery/seizure of 40 liters country-made liquor which led to the FIR/arrest.
4. Learned counsel for the petitioner submits that the Toto does not belong to him, as a passenger, he was sitting in it when the Police intercepted and alongwith the liquor, he was implicated only because he has criminal antecedent.
Patna High Court CR. MISC. No.82961 of 2024(2) dt.04-12-2024 2/3
5. Learned APP opposes the prayer for bail submitting that he has criminal antecedents.
6. Taking into account the submissions put forwarded by the parties as also that the petitioner does not own the toto, is in custody since 11.08.2024 (paragraph-4 of the petition) and an undertaking has been given that he will be diligently appearing in trial, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Exclusive Special Judge-I, Bhagalpur, in connection with Excise (Sadar) P.S. Case No. 633 of 2024 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for one year to mark his
Patna High Court CR. MISC. No.82961 of 2024(2) dt.04-12-2024 3/3 attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T