Deepak Singh @ Deepak Kumar @ Dipak Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38136 of 2021 Arising Out of PS. Case No.-156 Year-2020 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Deepak Singh @ Deepak Kumar @ Dipak Singh, S/o Ramjash Singh, R/o Village- Jagdishpur, P.S.- Buxar (Muffasil), District- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amit Kumar Pandey, Advocate For the Opposite Party/s :
Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-12-2021 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Buxar (Muffasil) P.S. Case No.156 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
The petitioner along with co-accused Raj Kumar Singh alias Mas has abandoned a vehicle in which 293.76 litres illicit liquor was being transported and have fled away. Counsel for the petitioner submits that even as per the prosecution case, the petitioner has not been apprehended in the vehicle from which recovery has been made. He has been remanded in this case on 18.03.2021 after his arrest in Rajpur P.S. Case No.27 of 2021 for similar offences. Other than
Patna High Court CR. MISC. No.38136 of 2021(2) dt.13-12-2021 2/3 suspicion, based on the statement of co-accused, there is no material to connect the petitioner with the alleged recovery. Learned APP for the State has opposed the prayer for bail.
Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.
Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 2nd Cum Special Judge, Excise Act, Buxar, in connection with Buxar (Muffasil) P.S. Case No.156 of 2020, subject to the following conditions:
(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails
Patna High Court CR. MISC. No.38136 of 2021(2) dt.13-12-2021 3/3 to do so on two consecutive dates, his bail bond will be liable to be cancelled.
This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T