Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83083 of 2019 Arising Out of PS. Case No.-182 Year-2019 Thana- SAKURABAD District- Jehanabad ====================================================== Rohit Kumar, Son of Yugal Kishore Sharma, Resident of Village - Raja Bazar, P.O. and P.S.- Jehanabad, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhileshwar Pandey For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in this case is seeking anticipatory bail in connection with Sakurabad P.S. Case No.182 of 2019 registered for the offences punishable under Sections 30(A) and 38(ii) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner is owner of the motorcycle from which no illicit liquor has been recovered. It is further submitted that the petitioner has nothing to do with the Bolero vehicle from which illicit liquor has been recovered and the petitioner has no criminal antecedent.

Learned APP for the State has though opposed the

Patna High Court CR. MISC. No.83083 of 2019(3) dt.16-03-2020 2/3 prayer for anticipatory bail of the petitioner but has accepted at the bar that no illicit liquor has been recovered from the motorcycle which belongs to this petitioner. In the given facts and circumstances of the case considering that nothing has been recovered from the motorcycle of the petitioner as also that he has no criminal antecedent, let the petitioner in the event of his arrest or surrender within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand ) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II, Jehanabad in connection with Sakurabad P.S. Case No.182 of 2019 in Excise Case No.1021 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to

Patna High Court CR. MISC. No.83083 of 2019(3) dt.16-03-2020 3/3 dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) arvind/- U T