Deepak Kumar @ Munna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27245 of 2019 Arising Out of PS. Case No.-37 Year-2019 Thana- MINAPUR District- Muzaffarpur ====================================================== DEEPAK KUMAR @ MUNNA Son of Jagarnath Mahto Resident of Village - Sihaipatti, P.S.- Sihaipatti, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-04-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Minapur P. S. Case No. 37 of 2019 instituted for the offence under Section(s) 272 and 273 of the Indian Penal Code and Sections 30(a)/38/41 of the Bihar Prohibition and Excise Act, Muzaffarpur. Learned counsel for petitioner submits that there is no recovery of any spirit from conscious possession of the petitioner.

In the written report, it is alleged that during course of patrolling informant along with other police officials went near the house of Ram Babu Sahani and heard sound of some persons and, on suspicion, surrounded the house of Ram Babu Sahani. It is further alleged that one person managed to run

Patna High Court CR. MISC. No.27245 of 2019(2) dt.26-04-2019 2/2 away and seven person including the petitioner were apprehended by the police. It is further alleged that on interrogation apprehended persons disclosed their identity including the identity of petitioner and the person who managed to run away as Ram Babu Sahani. It is further alleged that two vehicles were standing in front of house of Ram Babu Sahani from which 200 litres of illicit spirit were recovered from each vehicle. The petitioner with other accused persons have been apprehended by the police.

Learned counsel for the petitioner submits that petitioner has been arrested merely on suspicion. Petitioner is in custody since 6.2.2019.

Considering the aforesaid, 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 the Spl. Judge Excise, Muzaffarpur in connection with Minapur P. S. Case No. 37 of 2019 subject to the condition that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T