Deepak Mahto @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33147 of 2022 Arising Out of PS. Case No.-332 Year-2021 Thana- BAKHARI District- Begusarai ====================================================== Deepak Mahto @ Deepak Kumar, Son of Mr. Baijnath Mahto, Resident of Village- Peernagar, P.S.- Nawkothi, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ritwik Thakur, Advocate Mr. Pravin Kumar, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 31-08-2022 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, within a period of four weeks from today.

Heard Mr. Ritwik Thakur, learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail, who is in custody in connection with Bakhri P.S. Case No. 332 of 2021 registered for the offences punishable under Section 120(B) of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, it is alleged that on a secret information, the police apprehended ten wheeler truck, bearing Registration No. BR11L-8911 and on search total

Patna High Court CR. MISC. No.33147 of 2022(2) dt.31-08-2022 2/3 2964.96 litres of Indian made foreign liquor was recovered. Learned Counsel appearing on behalf of the petitioner submits that the petitioner is not even named in the FIR. Further during the course of investigation, the name of the petitioner came in picture as user of Sim number 8284094556, apart from this, there is no material which shows any connection of the petitioner in the present crime. It is further submitted that the petitioner has neither any concern with the truck nor with the illicit liquor, inasmuch, as even the driver of the truck has not disclosed the name of the petitioner. It is next submitted that the petitioner having fair antecedent, is in custody on 16.04.2022 and, moreover, after conclusion of the investigation, chargesheet has been submitted. On the other hand learned APP for the State vehemently opposes the bail application and submits that during the course of investigation, the complicity of the petitioner has come.

Having regard to the submissions made on behalf of the parties and considering the fact that the petitioner is neither named in F.I.R. nor any incriminating material has been recovered from the conscious or constructive possession of the petitioner and save and except the allegation that he was one of

Patna High Court CR. MISC. No.33147 of 2022(2) dt.31-08-2022 3/3 the user of the Sim, in question, which was used for conversation with the co-accused persons, there is no other material, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. II, Begusarai in connection with Bakhri P.S. Case No. 332 of 2021, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(Harish Kumar, J) uday/- U T