Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7907 of 2024 Arising Out of PS. Case No.-965 Year-2023 Thana- KANTI District- Muzaffarpur ====================================================== Deepak Kumar Son of Shankar Ray Resident of Village- Parsoniya Kenhi, P.S.-Rajepur, Distt.-East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan, Adv.

For the Opposite Party/s :

Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kanti P.S. Case No. 965 of 2023 instituted for the offences under Section 30(a), 32(2), 32(3), 36, 41(1), 41(2) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police, on receipt of secret information, reached at the place of occurrence. On seeing the police force, 10-12 persons started to flee away from there by two wheeler and four wheeler but, on chase, one person was apprehended who disclosed his name as Deepak Kumar (the petitioner). He also told the names of the persons who fled away from there. The police seized one truck and four pick-up

Patna High Court CR. MISC. No.7907 of 2024(2) dt.15-02-2024 2/3 vehicles from the place of occurrence. On search, altogether 5670.00 liters of illicit foreign liquor was recovered from the five vehicles.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. The petitioner has no concern either with the seized liquor or the vehicles, in question. The petitioner is neither the driver nor owner of any of the pick-up vehicle or the truck. The petitioner is languishing in judicial custody since 18.12.2023. He further submits that the co-accused/Shivji Prasad, who is the owner of one of the pickup vehicles, had surrendered in the court below and was also released on bail on the same day.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner as also the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing

Patna High Court CR. MISC. No.7907 of 2024(2) dt.15-02-2024 3/3 bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kanti P.S. Case No. 965 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T