Rohan Das @ Rohit Das @ Rohit Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Rohan Das @ Rohit Das @ Rohit Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Conditional bail: release on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Exclusive Special Judge-I, Bhagalpur, subject to conditions (i)-(v) (family-member bailor with bona fide document; attendance on every trial date with cancellation after two consecutive unexplained absences; fortnightly police-station reporting for one year; no witness inducement/tampering; desistance from offences).

Issue for consideration

Whether bail should be granted to the petitioner, who is in custody in connection with Excise (Sadar) P.S. Case No. 633 of 2024 (offence punishable under section 30(a) of the Bihar Prohibition and Excise Act) following recovery/seizure of 40 liters country-made liquor from an intercepted Toto.

Court's answer

Taking into account the submissions of the parties, that the petitioner does not own the toto, his custody since 11.08.2024 (paragraph-4 of the petition) and his undertaking to appear diligently in trial, the Court extended to him the privilege of bail with conditions.

Ratio / Principle

Petitioner directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of the learned Exclusive Special Judge-I, Bhagalpur, in connection with Excise (Sadar) P.S. Case No. 633 of 2024.

Key takeaways

Bail made subject to five conditions: (i) one bailor to be a family member/relative providing an official document of bona fide; (ii) appearance on each and every trial date, failure on two consecutive dates without plausible reason entailing cancellation of the bail bond by the Trial Court itself; (iii) appearance before the concerned police station every fortnight for one year; (iv) no inducement, promise or threat to witnesses nor tampering with evidences, failing which the State may take cancellation steps; (v) desistance from committing any criminal offence again, failing which the State may take cancellation steps.ratio¶20

Detailed headnote1 paragraphs

Patna High Court, Cr. Misc. No. 82961 of 2024 (Rajiv Roy, J.) — Oral Order dated 04-12-2024: Bail granted. Petitioner Rohan Das @ Rohit Das @ Rohit Kumar, in custody since 11.08.2024 in Excise (Sadar) P.S. Case No. 633 of 2024, Bhagalpur — offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, FIR lodged 10.08.2024 by informant Birendra Kumar Pathak after a patrolling party intercepted a Toto and effected recovery/seizure of 40 liters country-made liquor. Counsel for petitioner submitted the Toto was not his and that, as a passenger, he was implicated only because of criminal antecedents; the APP opposed bail on the ground of those antecedents. Taking into account the submissions, that the petitioner does not own the toto, his custody since 11.08.2024 and his undertaking to appear diligently in trial, the Court extended the privilege of bail: bond of Rs. 10,000/- each with two sureties of like amount before the Exclusive Special Judge-I, Bhagalpur, subject to conditions — one bailor a family member/relative with official bona fide document; attendance on every trial date (two consecutive unexplained absences entail cancellation of the bail bond by the Trial Court itself); fortnightly appearance before the concerned police station for one year; no inducement/promise/threat to witnesses or tampering with evidences; and desistance from further offences, failing which the State may seek cancellation.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.82961 of 2024

Arising Out of PS. Case No.-633 Year-2024 Thana- Excise P.S. District- Bhagalpur

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

Rohan Das @ Rohit Das @ Rohit Kumar S/o- Santosh Das Resident of village- Mirjapur ward no 5, Ps- Sabour District- Bhagalpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

For the Petitioner/s : Mr. Md.Najmul Hodda, Advocate For the Opposite Party/s : Mr. Kalyan Shankar, APP

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

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

2 04-12-2024 Heard the parties.

The petitioner is in custody in connection with Excise (Sadar) P.S. Case No. 633 of 2024 for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act lodged on 10.08.2024 by the informant, Birendra Kumar Pathak.

As per the prosecution story, the informant alleged that during patrolling, a Toto was intercepted and there is recovery/seizure of 40 liters country-made liquor which led to the FIR/arrest.

Learned counsel for the petitioner submits that the Toto does not belong to him, as a passenger, he was sitting in it when the Police intercepted and alongwith the liquor, he was implicated only because he has criminal antecedent.

Patna High Court CR. MISC. No.82961 of 2024(2) dt.04-12-2024 2/3

Learned APP opposes the prayer for bail submitting that he has criminal antecedents.

Taking into account the submissions put forwarded by the parties as also that the petitioner does not own the toto , is in custody since 11.08.2024 (paragraph-4 of the petition) and an undertaking has been given that he will be diligently appearing in trial, this Court is inclined to extend him the privilege of bail with conditions.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Exclusive Special Judge-I, Bhagalpur, in connection with Excise (Sadar) P.S. Case No. 633 of 2024 subject to the following conditions:

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for one year to mark his

Patna High Court CR. MISC. No.82961 of 2024(2) dt.04-12-2024 3/3

attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

(Rajiv Roy, J)

Adnan/-

U T