Deepak Kumar @ Deepak Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16490 of 2023 Arising Out of PS. Case No.-310 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== Deepak Kumar @ Deepak Sao S/O- Late Birendra Prasad Village- Umanath Ps- Barh Dist- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 22.500 litres of Indian Made Foreign Liquor from Archna bus bearing registration No. BR-27P-3413.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the

Patna High Court CR. MISC. No.16490 of 2023(2) dt.15-03-2023 2/3 alleged recovery or with the place of occurrence. The name of the petitioner has been disclosed in this case by the apprehended co-accused before the police, which has got no evidentiary value in the eye of law. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has opposed the prayer of Bail.

n the facts and circumstance of the case, let the petitioners, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court- 2, Nawada in connection with Excise P.S. Case No. 310 of 2022, subject to the conditions as laid down under

Patna High Court CR. MISC. No.16490 of 2023(2) dt.15-03-2023 3/3 Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U T