Deepak Singh @ Dipak Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29685 of 2021 Arising Out of PS. Case No.-27 Year-2021 Thana- RAJPUR District- Buxar ====================================================== DEEPAK SINGH @ DIPAK SINGH Son of Ramyash Kushwaha @ Ramyash Singh @ Ramjas Singh Resident of Village - Jagdishpur, P.S. - Buxar (Muffasil), District - Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Rajpur PS case no. 27 of 2021 instituted for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018 The allegation is regarding recovery of 1347.840 liters of foreign liquor from a pick-up van and one co-accused namely Kishan Kumar Gupta was arrested from the spot who is stated to have named the petitioner as his accomplice and thereafter, the petitioner is stated to have surrendered before the learned court below.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely

Patna High Court CR. MISC. No.29685 of 2021(2) dt.09-12-2021 2/2 implicated in the present case and is languishing in custody since 24.02.2021. The learned counsel for the petitioner has further submitted that the petitioner has no connection either with the pick-up van in question or with the illicit liquor and the main accused namely Kishan Kumar Gupta has already been granted bail by a co-ordinate Bench of this Court vide order dated 12.08.2021, passed in Cr. Misc. no. 30141 of 2021. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the parity of the case of the petitioner with that of the co-accused person who has already been granted bail by a co-ordinate Bench of this Court, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Additional Sessions Judge 2nd cum-Special Judge, Excise Act, Buxar in connection with Rajpur PS case no. 27 of 2021. (Mohit Kumar Shah, J) rinkee/- U T