Deepak Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39121 of 2024 Arising Out of PS. Case No.-3 Year-2024 Thana- GHURNA District- Araria ====================================================== Deepak Kumar Das S/O Siru Das @ Sheru Das R/O Village- Simrahi-Bazar, Ward No. 07, P.S- Raghopur, Distt.- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in Ghurna P.S. Case No. 03 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that, 177 liters liquor was recovered from tempo and the petitioner was apprehended on spot.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further

Patna High Court CR. MISC. No.39121 of 2024(2) dt.21-06-2024 2/2 submitted that the petitioner is driver of the seized vehicle and he has no knowledge regarding the goods loaded in the vehicle. The petitioner is in custody since 11.03.2024 and has got two criminal antecedent. There is no compliance of Section 100 of Cr.P.C. Other co-accused has been granted bail by this Court vide order dated 20-04-2024, passed in Cr. Misc. No. 29496 of 2024.

5.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner as also claim based on parity this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner 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 Court below/concerned Court in connection with Ghurna P.S. Case No. 03 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T