Deepak Kumar @ Dipak Kumar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4280 of 2022 Arising Out of PS. Case No.-191 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Buxar ====================================================== 1.

DEEPAK KUMAR @ DIPAK KUMAR SAHANI Son of Late Mukhlal Sahani Resident of Village - Nowa Chowk, Police Station - Tajpur, District - Samastipur.

2.

GURU CHAUDHARY Son of Late Chandrika Chaudhary Resident of Village - Mallah Toli (Buxar), Police Station - Buxar (T), District - Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-03-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in connection with Official Case No. 191(o) of 2021 instituted for the offences under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioners are in custody since 12.10.2021, petitioner no.1 is a person with clean antecedent, petitioner no.2 has antecedent of one case and prosecution report has been submitted in the case. Learned counsel for the petitioners submits that the allegation is of recovery of 446 litres of liquor from a Tata Magic.

Patna High Court CR. MISC. No.4280 of 2022(2) dt.07-03-2022 2/2 Learned counsel for the petitioners submits that the petitioner no. 1 is driver of the vehicle and as such was not knowing what the owner had kept in the vehicle and petitioner no. 2 had taken lift and as such he was also not knowing what was being carried in the vehicle.

Learned A.P.P. for the State opposes the prayer for bail of the petitioners.

Considering the fact that the petitioners are in custody, petitioner no.1 is a person with clean antecedent, petitioner no.2 has only one antecedent and taking into consideration the submissions of the learned counsel for the petitioners, let the petitioners above named be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J-II-cum-Spl. Judge (Excise), Buxar in connection with Official Case No. 191(o) of 2021.

(Satyavrat Verma, J) Rishi/- U T