Rohit Kumar @ Rohit Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87567 of 2024 Arising Out of PS. Case No.-721 Year-2024 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Rohit Kumar @ Rohit Sahni S/O Late Shambhu Sahni R/O Village- Arijpur Marwan Khurd, P.S- Karja, Distt.- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Nitu Kumari, Adv.
For the Opposite Party/s :
Mr. Rana Randhir Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-12-2024 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 Sections 318(4), 338, 336(3), 340(2), 317(5), 61(2) of the B.N.S., 2023 and Sections 30(a), 32(2), 36, 41(i) of the Bihar Prohibition and Excise Act, 2022 (Amended).
3. Altogether 3546 litres of foreign liquor has been recovered from the seized vehicles. Seeing the police, all the accused persons including the petitioner are said to have fled away from the spot, but one co-accused person, namely, Md. Aslma, who is the driver of pick-up Van bearing registration No. BR06N-6815 was apprehended on the spot.
Patna High Court CR. MISC. No.87567 of 2024(2) dt.19-12-2024 2/3
4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious possession of the petitioner or from his house. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioner is totally false and based on concocted facts. He was not apprehended on the spot. He is neither the driver nor the owner of the seized vehicles. There is nothing on record to indicate the complicity of the petitioner barring the confessional statement of the apprehended person which has no evidentiary value in the eye of law. Learned counsel further submits that petitioner has one criminal antecedent of similar nature of offence as mentioned in para 3 of the bail application.
5. Petitioner is agreed to deposit a sum of Rs. 1,00,000.00 (Rupees One Lac) in the account of Lawyers' Association Welfare Benevolent Fund, bearing Account No. 7801893276, IFSC Code: IDIB000L501, Indian Bank, LNMI Branch, Bailey Road, 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
Patna High Court CR. MISC. No.87567 of 2024(2) dt.19-12-2024 3/3 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 Muzaffarpur Sadar P.S. Case No. 721 of 2024, subject to the condition as laid down under Section 482 (2) of the B.N.S.S., 2023, subject to the further conditions that
(1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.
(2) That the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.
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 the account of Lawyers' Association Welfare Benevolent Fund.
(Anjani Kumar Sharan, J) divyanshi/- U T