Patna High CourtCR. MISC./15805/2023bail granted

Deepak Kumar @ Kokara v. The State Of Bihar

2023-05-08Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15805 of 2023 Arising Out of PS. Case No.-294 Year-2022 Thana- GAYA KOTWALI District- Gaya ====================================================== Deepak Kumar @ Kokara, Son of Churawan Prasad, Resident of Village - Kharkhura, P.S.- Delha, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Veer, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Kotwali P.S. Case No. 294 of 2022 dated 25.05.2022 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that petitioner runs a vegetable shop on footpath, the instant matter relates to the recovery of 17.650 litres of foreign liquor and the same is stated to have been recovered from a vegetable market which is an open place and petitioner was not apprehended at the spot. Further submissions are that though against the petitioner there is criminal antecedent of one case but the same was lodged under

Patna High Court CR. MISC. No.15805 of 2023(2) dt.08-05-2023 2/2 the offences of the Indian Penal Code in which he is on bail and against the petitioner the investigation has been completed in the present matter and he has been languishing in jail since 17.01.2023.

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly petitioner's custody period and completion of investigation against him, in the opinion of this court, the petitioner deserves to a lenient approach of this court. Accordingly, let the petitioner be released on bail in connection with Kotwali P.S. Case No. 294 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Rajiv/- U T