Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24394 of 2020 Arising Out of PS. Case No.-315 Year-2020 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== DEEPAK KUMAR Son of Baiju Singh Resident of Village- Bajitpur Satkudariya, P.S.- Kudhani (Turki O.P.), District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan For the Opposite Party/s :

Mr. Dinesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-09-2020 Heard Mr. Ravi Ranjan, learned counsel for the petitioner and Mr. Dinesh Kumar, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Kanti P.S. Case No. 315 of 2020 registered for the offence punishable under Section 30(a), 38, 41 of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner as per the First Information Report is that Police on the basis of secret information proceeded towards Litchi orchard where one Alto Car was standing and upon seeing the Police party one person tried to flee away and was apprehended by the Police, who disclosed his name as Deepak Kumar i.e. petitioner. Upon search Police recovered a total quantity of 148.680 liters of illicit liquor from the said Alto Car.

Learned counsel for the petitioner referring to paragraph no. 8 of this bail application submits that petitioner has got no concern with the said Alto Car in question and the

Patna High Court CR. MISC. No.24394 of 2020(2) dt.22-09-2020 2/2 Police has implicated this petitioner in the present case with oblique motive. Learned counsel further submits that petitioner has got no criminal antecedent and he is in custody since 05.06.2020.

Having regard to the submissions made by the parties, taking into consideration the materials available on record, the fact that petitioner has got no criminal antecedent and he is in custody since 05.06.2020 , I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Act, Muzaffarpur / court concerned in connection with Kanti P.S. Case No. 315 of 2020.

It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) praful/- U T