Allowed

Rohit Kumar v. The State of Bihar

Patna HC21 Jul 2023CR. MISC./43074/2023

Case brief

AI extract

What is this about?

The High Court released the petitioner on bail in an excise case involving illicit liquor recovery. The court imposed conditions regarding bailor relationship, cooperation in trial, and abstention from tampering with evidence or witnesses.

What did the court decide?

Release on bail on furnishing a bond of Rs. 10,000 with two sureties, subject to conditions regarding cooperation and non-tampering.

Rohit Kumar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43074 of 2023

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Arising Out of PS. Case No.-152 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Khagaria

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

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ROHIT KUMAR Son of Late Pankaj Rai Resident of village- Dumaria Khurd, P.S. - Parbatta, Distt. - Khagaria

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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 : For the Petitioner/s : Mr.Bharat Bhushan For the Opposite Party/s : Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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2 21-07-2023

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner seeks bail in connection with Excise Case No. 355-C3/ 2023 arising out of Khagaria Excise P.S. Case No. 152/ 2023 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, there is alleged recovery of total 166.455 litre illicit foreign liquor from the bush situated beside the house of the petitioner and he is apprehended on the spot.

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Learned counsel for the petitioner submits that petitioner is in custody since 09.04.2023 and bears no criminal

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Patna High Court CR. MISC. No.43074 of 2023(2) dt.21-07-2023 2/3

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antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that nothing has been recovered from conscious possession of the petitioner. There is no independent witness in the seizure list.

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

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Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides 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 2nd, Khagaria in connection with Excise Case No. 355-C3/ 2023 arising out of Excise P.S. Khagaria Case No. 152/ 2023, subject to following conditions:-

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(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

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Patna High Court CR. MISC. No.43074 of 2023(2) dt.21-07-2023 3/3

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(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, 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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shahzad/-

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U T

Rohit Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rohit Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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