Deepak Kumar Sahu @ Dipak Kumar Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16433 of 2019 Arising Out of P.S. Case No.-968 Year-2018 Thana- NAWADA District- Nawada ====================================================== DEEPAK KUMAR SAHU @ DIPAK KUMAR SAHU, aged about 23 years, Male, Son of Late Yadu Sahu R/o village- Dhurva, P.S.- Dhurva, DistrictRanchi (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Mr.Pancha Nand Pandit, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-03-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 05.01.2019 in connection with Nawada (Town) P.S.Case No.968 of 2018 for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case as lodged by the police personnel is that on patrolling duty they apprehended a Tata Indica vehicle and the petitioner and one other co-accused were found sitting in the said vehicle. On search from the vehicle 240 liters of country made illicit liquor was recovered. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the

Patna High Court CR. MISC. No.16433 of 2019(2) dt.28-03-2019 2/2 petitioner that he is innocent, bears no criminal antecedent and has been falsely implicated in the aforesaid case. He submits that nothing has been recovered from the conscious possession of the petitioner. He was just a passenger in the said vehicle, undertakes to cooperate in the investigation and not to tamper with the prosecution evidence.

However, learned APP for the State opposes the prayer for bail.

Considering the nature of allegations and that the petitioner has clean antecedent as stated in para-3 of the present application, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Nawada (Town) P.S.Case No.968 of 2018 to the satisfaction of learned Additional District and Sessions Judge-II-cum-Special Judge, Nawada, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) B.Kr./- U T