Deepak Kumar @ Deepak Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 32831 of 2023 Arising Out of PS. Case No.-300 Year-2020 Thana- GARDANIBAG District- Patna ====================================================== DEEPAK KUMAR @ DEEPAK YADAV Son of Krishna Dev Rai @ Krishna Rai Resident of Village- Near Naurangi School Janta road, Police StationGardanibagh, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.

The petitioner has preferred this application for grant of regular bail in connection with Special Case No 3817 of 2020 arising out of Gardanibagh Police Station (for brevity, PS) Case No 300 of 2020 dated 07.06.2020 registered for the offence punishable under Sections 30 (a), 36 of Bihar Prohibition and Excise Amendment Act, 2018.

As per the prosecution case, there is recovery of

Patna High Court CR. MISC. No.32831 of 2023(2) dt.24-05-2023 2/2 176.220 liters of illicit liquor from three vehicles. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is accused in one more criminal case, as stated in paragraph 3 of the bail petition. He is in custody in this case since 02.02.2023. It is further submitted that petitioner is not the owner of the vehicles.

Learned APP has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the period of custody as well as the nature of allegation against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Patna in Gardanibagh PS Case No 300 of 2020 dated 07.06.2020. This application stands allowed.

(Chandra Prakash Singh, J) M.E.H./- U T