Deepak Kumar @ Dipak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3707 of 2022 Arising Out of PS. Case No.-18 Year-2021 Thana- KATHAIYA District- Muzaffarpur ====================================================== DEEPAK KUMAR @ DIPAK KUMAR S/o Pramod Mahto @ Pannalal Resident of Village - Harpur P.S. Kathaiya, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-05-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Kathaiya Police Station Case No. 18 of 2021, registered for the offences punishable under 30 (a) of the Bihar Prohibition and Excise Act, 201.

The prosecution case, as per the First Information Report, is that the police, on the basis of secret information that the petitioner, along with other co-accused persons, is selling illicit liquor by keeping the same in a hut, raided the place of occurrence and recovered 28.125 litres of illicit liquor from the hut, situated in front of the house of the petitioner. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case with oblique

Patna High Court CR. MISC. No.3707 of 2022(2) dt.26-05-2022 2/3 motive and he has not committed any offence in the manner alleged. He further submits that no illicit liquor has been recovered from the conscious possession and/or premises belonging to the petitioner; rather the illicit liquor has been recovered from a hut, which is situated in front of his house and is accessible to all and sundry. He further submits that the petitioner has no concern either with the illicit liquor or the hut. He further submits that the petitioner is in custody since 16.11.2021, having no criminal antecedent, and charge sheet has already been submitted against him and as such there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submissions made on behalf of the parties and taking into consideration the materials on record and the fact that no illicit liquor has been recovered from the conscious possession and/or premises belonging to the petitioner, charge sheet has already been submitted and the petitioner is in custody since 16.11.2021, having no criminal antecedent, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand)

Patna High Court CR. MISC. No.3707 of 2022(2) dt.26-05-2022 3/3 with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur, in connection with Kathaiya Police Station Case No. 18 of 2021.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √