Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9867 of 2020 Arising Out of PS. Case No.-51 Year-2019 Thana- BAUSI District- Purnia ====================================================== Deepak Kumar, Son of Kalu Ram, Resident of Village - Mohammadpur, Police Station - Gadh Mukteshwar, District - Hapur, State - Uttar Pradesh. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjana For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Baisi P.S. Case No. 51 of 2019 registered under Sections 272 and 273 of the Indian Penal Code and Sections 20(a), 41 and 47 of the Bihar Excise Act, 2016.

The accusation is that on search of truck bearing registration no. HR74-3935, several bottles of Indian made foreign liquor in the volume of 1581.480 recovered, which was being driven by the petitioner and on search of truck bearing registration no. UP13AT- 9473, several bottles of Indian made foreign liquor in the volume of 1476 littres recovered, which was being driven by the driver, Binod Kumar @ Harendra

Patna High Court CR. MISC. No.9867 of 2020(3) dt.28-02-2020 2/2 Singh.

Learned counsel for the petitioner submits that the prayer for bail of the petitioner and co-accused, Vinod Kumar @ Harendra Singh, was refused by a Bench of this Court vide order dated 06.05.2019 passed in Criminal Misc. No. 29113 of 2019 but later on, co-accused, Vinod Kumar @ Harendra Singh, has already been granted privilege of bail by a Bench of this Court vide order dated 18.01.2020 passed in Criminal Misc. No. 87437 of 2019. Further submission is that petitioner is in custody since 09.03.2019.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to 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 the learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Purnea, in connection with Baisi P.S. Case No. 51 of 2019. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T