Deepak Kumar @ Bakuli v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16824 of 2022 Arising Out of PS. Case No.-10 Year-2022 Thana- MURAR District- Buxar ====================================================== Deepak Kumar @ Bakuli Son Of Late Gajendra Prasad R/O Village- Amsari, P.S.- Murar, Dist.- Buxar ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Pd. Singh Mr.Bhaskar Shankar For the Opposite Party/s :
Ms.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-05-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner seeks bail in Murar P.S. Case No. 10 of 2022, registered for the offence punishable punishable under Sections 272, 273, 328, 308, 304, 120B of the Indian Penal Code and 30(a)/37(2) of the Bihar Prohibition and Excise Act, 2018.
The informant (police official) got information that on 26.01.2022 one Miku Singh @ Jitendra Singh had organized Chicken liquor party at his hut situated near a pond where due to consumption of spurious liquor six persons died. Thereafter, informant went at the place of occurrence and seized various articles and FIR was lodged against Munna Singh @ Harendra Singh, Badal Singh, Sanjay Chaudhary and others.
Patna High Court CR. MISC. No.16824 of 2022(2) dt.20-05-2022 2/2 It is submitted that petitioner is not named in the FIR and his name surfaced in this case on the basis of confessional statement of co-accused Harendra Singh. No incriminating article has been made from conscious possession of this petitioner. Petitioner is in custody since 30.01.2022. Investigation is complete.
Learned APP however vehemently opposed the prayer for bail and submitted that petitioner has got criminal antecedent of similar nature.
Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. However, once charge is framed and trial commences, the petitioner shall be released on bail by the learned trial court on its own satisfaction and on the condition that petitioner will cooperate in disposal of trial and appear before the court, as and when required.
With above observation, the petition stands disposed of.
(Prabhat Kumar Singh, J) vinita/- U T