Patna High CourtCR. MISC./35377/2024bail granted

Deepak Kumar v. The State Of Bihar

2024-05-09Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35377 of 2024 Arising Out of PS. Case No.-214 Year-2024 Thana- MAHUA District- Vaishali ====================================================== Deepak Kumar Son of Lal Babu Rai Resident of Village - Piroi, P.S. - Goraul, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Pratima Kumari, Adv.

For the Opposite Party/s :

Ms.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Mahua P.S. Case No. 214 of 2024 instituted for the offences under Sections 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. As per prosecution case, the police has recovered 370.50 liter India made foreign liquor from two Wagon-R cars bearing Regd. Nos. BR06V 4123 and BR1AK 2404.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been

Patna High Court CR. MISC. No.35377 of 2024(2) dt.09-05-2024 2/3 recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized liquor. The petitioner is neither owner nor driver of the alleged vehicles and has not concern with the alleged recovery. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner has altogether five criminal antecedents and is languishing in judicial custody since 16.04.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner stating that the petitioner has five criminal antecedents of similar nature of offences.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mahua P.S. Case No. 214 of 2024, subject to the following conditions; (i) One of the bailor(s) shall be the own/close family members of the petitioner.

Patna High Court CR. MISC. No.35377 of 2024(2) dt.09-05-2024 3/3 (ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T