Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14458 of 2023 Arising Out of PS. Case No.-5 Year-2023 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== DEEPAK KUMAR Son of Kali Ram R/V- Nidani, P.s- Jind Dist- Jind Haryana ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Jha For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 272, 273, 420 and 120B of the Indian Penal Code and Section 30(a), 32(i)(ii), 36, 41(i) of the Bihar Prohibition and Excise Act.

As per prosecution case, on receiving secret information, the police party started checking the vehicles and on search, there has been recovery of 427.320 liters of illegal

Patna High Court CR. MISC. No.14458 of 2023(2) dt.05-05-2023 2/3 foreign liquor from a Truck, which was being driven by the petitioner.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has apprehended on spot. He submitted that the petitioner has no concern with the seized liquor. No incriminating article has recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 11.01.2023.

The application for bail is opposed by learned APP for the State.

The petitioner is directed to deposit Rs. 30,000/- (thirty thousand) in the account of concerned DLSA. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Jhanjharpur, Madhubani in connection with Bhairavsthan P.S. Case No. 05 of 2023.

The bail bond of the petitioner shall be accepted by

Patna High Court CR. MISC. No.14458 of 2023(2) dt.05-05-2023 3/3 the learned Court below on showing receipt of deposit of Rs. 30,000/- (thirty thousand) by the petitioner in the account of concerned DLSA.

(Sunil Kumar Panwar, J) arish/- U