Deepak Kumar @ Twinkal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39200 of 2024 Arising Out of PS. Case No.-452 Year-2023 Thana- DALSINGHSARAI District- Samastipur ====================================================== Deepak Kumar @ Twinkal Kumar Son Of Manoj Kumar Ray @ Manoj Ray R/O- Village Nouwachak, P.S.-SARAIRANJAN, District Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anirudh Kumar Sinha, Advocate Mr. Alok Kumar, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Dalsingsarai P.S Case No. 452 of 2023 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. Prosecution case related to recovery of total 1642.68 liters of illicit liquor from a container bearing registration No. HR55S-4019.

4. Learned counsel for the petitioner submits that petitioner is innocent, committed no offence and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner and he has

Patna High Court CR. MISC. No.39200 of 2024(2) dt.16-07-2024 2/3 no concern with the alleged recovered liquor and container. He further submits that petitioner is neither the driver nor the owner of the said container. Similarly, situated coaccused person has already been granted anticipatory bail by this Court in Cr. Misc. No. 32002 of 2024 vide order dated 25.04.2024.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail in the event of his arrest or surrender before the court below within a period of six weeks from today on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise - 1st, Samastipur in connection with Dalsingsarai P.S. Case No. 452 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. with further condition that if petitioner found involved in similar nature of offence in future, it will be treated as misuse of bail, then the prosecution may be at liberty to proceed to get the bail bond

Patna High Court CR. MISC. No.39200 of 2024(2) dt.16-07-2024 3/3 of the petitioner cancelled.

(Ramesh Chand Malviya, J) saurabhkr/- U T