Deepak Singh @ Dipak Singh @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42760 of 2021 Arising Out of PS. Case No.-102 Year-2021 Thana- TARAIYA District- Saran ====================================================== DEEPAK SINGH @ DIPAK SINGH @ DEEPAK KUMAR Son of Wakil Singh Resident of Village - Harakhpura, P.S.- Taraiya, Distt.- Saran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Rajesh Kumar Singh For the Opposite Party/s :

Ms.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-02-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Taraiya Police Station Case No. 102 of 2021, registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the First Information Report, is that a total quantity of 70.56 litres of illicit liquor was recovered from the bamboo clump belonging to the petitioner, situated behind the house of the petitioner.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case with oblique motive and he has got no criminal antecedent. He further submits that the house of the petitioner was also raided and the

Patna High Court CR. MISC. No.42760 of 2021(2) dt.01-02-2022 2/3 petitioner was found absconding and no illicit liquor has been recovered from the conscious possession and/or premises belonging to the petitioner and the bamboo clump, from where illicit liquor has been recovered, does not belong to the petitioner and this fact has been mentioned in paragraph 7 of this application. He further submits that the petitioner is in custody since 07.04.2021 and charge sheet has been submitted against the petitioner and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence. Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that the petitioner has got no criminal antecedent, he is in custody since 07.

04.2021, no illicit liquor has been recovered from his conscious possession and/or premises belonging to him, charge sheet has already been submitted and there is no likelihood of the trial being concluded in near future due to pandemic, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.42760 of 2021(2) dt.01-02-2022 3/3 learned 2nd Additional Sessions Judge -cum- Special Judge, Excise, Saran, at Chapra, in connection with Taraiya Police Station Case No. 102 of 2021.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √