Allowed

Rohit Kumar v. the State of Bihar

Patna HC8 Jul 2022CR. MISC./11775/2022

Case brief

AI extract

What is this about?

Single judge order granting bail to petitioner Rohit Kumar in excise case for possessing illicit liquor, considering clean antecedents, charge-sheet submission, and disposal of property, along with standard bail conditions. No precedent cited.

What did the court decide?

Petitioner released on bail bond of Rs. 10,000/- with two sureties of equal amount furnishing conditions regarding cooperation in trial and non-tampering with evidence.

Rohit Kumar Vs the State of Bihar — Narcotics (NDPS) | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11775 of 2022

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Arising Out of PS. Case No.-408 Year-2021 Thana- PARSABAZAR District- Patna

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======================================================

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ROHIT KUMAR Son of Late Umesh Prasad Gupta Resident of Village - Ramdhanipur, Police Station - Gopalpur, District - Patna.

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR Bihar

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... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Dhirendra Kumar Sinha For the Opposite Party/s : Mr.Rabindra Kumar ======================================================

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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2 08-07-2022

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Let the defect(s), as pointed out by the office, be

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removed within a period of four weeks from today.

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner seeks bail in connection with Parsa Bazar P.S. Case No. 408 of 2021 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

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As per prosecution case, 4.5 litre illicit liquor was recovered from Yamaha motorcycle in question on which the petitioner was sitting and total 163.125 litre illicit liquor of different companies have been recovered from the vehicles in question. The petitioner alongwith others has been apprehended on spot.

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Patna High Court CR. MISC. No.11775 of 2022(2) dt.08-07-2022 2/3

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Learned counsel for the petitioner submits that petitioner is in custody since 18.11.2021. Petitioner bears no criminal antecedent. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel for the petitioner further submits that nothing has been recovered from the conscious and exclusive possession of the petitioner. The car and the motorcycle from which recovery has been made do not belongs to the petitioner.

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The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

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Considering the facts and circumstances of the case as well as period of custody and keeping in view clean antecedent of petitioner, charge-sheet has already been submitted, arguments advanced on behalf of the parties and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Patna in connection with Parsa Bazar P.S. Case No. 408 of 2021, subject to following conditions:-

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(i) One of the bailors shall be either father or

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Patna High Court CR. MISC. No.11775 of 2022(2) dt.08-07-2022 3/3

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mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

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(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.

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(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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(Alok Kumar Pandey, J)

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amitkr/-

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Rohit Kumar v. the State of Bihar

Case brief

What is this about?

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Rohit Kumar v. the State of Bihar

Case brief

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