Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90099 of 2024 Arising Out of PS. Case No.-98 Year-2024 Thana- SAHARGHAT District- Madhubani ====================================================== Rohit Kumar Son of Pramod Kumar Resident of Village - J. P. Chowk Laxmisagar, Darbhanga, P.S.- University, District - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Saharghat P.S. Case No. 98 of 2024 (G.R. No. 1519 of 2024) instituted for the offences under Sections 274, 275, 317, 3(5) of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. As per prosecution case, the police, has recovered total 450 liters of illicit liquor from the Hyundai i10 car bearing Regd. No. BR01AK2122.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.90099 of 2024(2) dt.16-01-2025 2/3 the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is neither owner nor driver of the alleged car. The petitioner has also no concern with the seized liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has one criminal antecedent of similar nature of offence and is languishing in judicial custody since 29.10.2024 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

Patna High Court CR. MISC. No.90099 of 2024(2) dt.16-01-2025 3/3 Court below/concerned Court in connection with Saharghat P.S. Case No. 98 of 2024 (G.R. No. 1519 of 2024). (Rudra Prakash Mishra, J) rishi/- U T