Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25357 of 2023 Arising Out of PS. Case No.-44 Year-2023 Thana- DUMRA District- Sitamarhi ====================================================== Deepak Kumar S/O Raju Sah @ Raju Chaudhary R/O Village-Prem Nagar, P.S.-Runnisaidpur, Dist.-Sitamarhi ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-05-2023 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 Sections 413, 414, 420, 467, 468, 471, 120(B) of the I.P.C. and Sections 30(a), 32(ii), (iii), 36, 41(i)(ii) of the Excise Act, 2018. The learned counsel for the petitioner submits that the petitioner has antecedent of three cases and the allegation is of recovery of 2674.80 litre of liquor from a truck, a car of Alok Kumar Singh, a Scorpio and a motorcycle and four persons including Alok Kumar Singh were arrested, who disclosed the name of the petitioner and others.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was

Patna High Court CR. MISC. No.25357 of 2023(2) dt.22-05-2023 2/2 recovered from his conscious possession. It is next submitted that he came to be implicated in the confessional statement of co-accused in police custody, which does not have any evidentiary value. It is also submitted that petitioner is not the owner of any of the seized vehicle and he was implicated at the instance of police because of his antecedents through the apprehended accused.

Learned A.P.P. opposes the 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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1, Sitamarhi in connection with Dumra P. S. Case No.44 of 2023, 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