Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20861 of 2022 Arising Out of PS. Case No.-35 Year-2022 Thana- RAHUI District- Nalanda ====================================================== Deepak Kumar, Son Of Bhim Chaudhary R/O Village- Bhagan Bigha, P.S.- Rahui (BHAGAN Bigha), District- Nalanda ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar For the Opposite Party/s :

Mr. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 05 litres of liquor from a vacant land adjoining petitioner's house.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is next submitted that he was not present at the place of occurrence, as such, nothing was recovered from his conscious possession, even the recovery was from a place which does not

Patna High Court CR. MISC. No.20861 of 2022(2) dt.28-09-2022 2/2 belong to the petitioner and he came to be implicated at the instance of local Chaukidar.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Rahui P. S. Case No.35 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T