Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33421 of 2019 Arising Out of PS. Case No.-85 Year-2019 Thana- OBRA District- Aurangabad ====================================================== Deepak Kumar son of Late Laxuman Chaudhary, Resident of Village- Obra near Suryamandir, P.S.- Obra, District- Aurangabad (Bihar) ... ... Petitioner

Versus

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

For the Petitioner/s :

Ms. Leelawati Kumari, Advocate For the Opposite Party/s :

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 21-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Obra P.S. Case No.85 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It is submitted by the learned counsel for the petitioner that nothing was recovered from conscious possession of the petitioner but the police apprehended him merely on suspicion. He is a young boy aged about 20 years and has got no criminal antecedent.

Per contra, learned counsel for the State submitted that 19 liters illicit liquor was recovered from possession of the petitioner by the police.

Patna High Court CR. MISC. No.33421 of 2019(2) dt.21-05-2019 2/2 Be that as it may, considering the nature of offence, the plea taken by the petitioner, the statement made in paragraph-3 of the application that he has no criminal antecedent and the period undergone in custody, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VIIcum-Special Judge, Excise Act, Aurangabad in connection with Obra P.S. Case No.85 of 2019 subject to the following conditions:- (a) that the petitioner shall attend court in accordance with the conditions of the bond executed, (b) that the petitioner shall not commit an offence similar to the offence of the present case, and (c) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Ashwani Kumar Singh, J) Md. S/- U T