Deepak Sah @ Deepak Kumar @ Deepak @ Bhuiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26606 of 2020 Arising Out of PS. Case No.-1049 Year-2019 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== DEEPAK SAH @ DEEPAK KUMAR @ DEEPAK @ BHUIYA Son of Achchelal Sah Resident of Mohalla - Ghirani, P.S.- Town, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Neeraj Kumar Alias Sanidh For the Opposite Party/s :

Mr.Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 420 of the Indian Penal Code and 11 of Bihar & Bengal Gambling Act and 37(c) of Bihar Prohibition

Patna High Court CR. MISC. No.26606 of 2020(2) dt.05-11-2020 2/3 and Excise Act, 2016.

Prosecution case, in short, is that the accused persons were playing gambling and the police arrested one co-accused Ravi Kumar Gupta in drunken state.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no recovery of liquor from the possession of the petitioner. The name of the petitioner has transpired in this case on disclosure made by co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise at Muzaffarpur in connection with Town P.S. case No.1049 of

Patna High Court CR. MISC. No.26606 of 2020(2) dt.05-11-2020 3/3 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T