Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19634 of 2021 Arising Out of PS. Case No.-431 Year-2020 Thana- BARAUNI District- Begusarai ====================================================== Deepak Kumar Son Of Sanjay Saw Resident Of Village- Sahjanand Nagar (Shankar Nagar), P.S.- Dhansar, Distt.- Dhanbad (Jharkhand). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Randhir Kumar No.1, Advocate For the Opposite Party/s :
Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-11-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Barauni P.S. Case No. 431 of 2020 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that total 495 litres of foreign liquor was seized from a pickup van.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent. It is further submitted that petitioner being the driver of the vehicle was not aware what was being carried in the vehicle as he was not the owner of the said vehicle. He further submits that petitioner is in
Patna High Court CR. MISC. No.19634 of 2021(2) dt.15-11-2021 2/2 custody since 07.11.2020, further charge-sheet has been submitted in this case.
Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.
Considering the fact that the petitioner is in custody since 07.11.2020, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Begusarai in connection with Barauni P.S. Case No. 431 of 2020 subject to the condition as laid down under Section 437 (3) Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T