Deepak Kumar Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40053 of 2024 Arising Out of PS. Case No.-184 Year-2024 Thana- Excise P.S. District- Patna ====================================================== Deepak Kumar Raj S/O Ram Babu Singh R/O Village-Selarpur, P.S- Karpi, Distt.- Arwal.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Kumar, Adv.
For the Opposite Party/s :
Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 26-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner seeks bail in connection with Excise Masaurhi P.S. Case No. 184 of 2024 dated 30.03.2024 registered for the offence punishable under Section 30 (a) of The Bihar Prohibition and Excise Act.
3. The allegation is of recovery of 680 litres country made liquor from one black coloured Santro Car which was without registration number.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the petitioner is the driver of Santro Hyundai car from which 680 litres of country made liquor has
Patna High Court CR. MISC. No.40053 of 2024(3) dt.26-07-2024 2/3 been recovered. It is submitted that the petitioner is not the owner of seized car. He is driver of that car. He had no knowledge about illegal liquor kept in the car. Lastly, it has been submitted that the petitioner is in custody since 31.03.2024, having no criminal antecedent and charge-sheet has been submitted in the case.
5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-II, Patna in connection with Excise Masaurhi P.S. Case No. 184 of 2024, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
Patna High Court CR. MISC. No.40053 of 2024(3) dt.26-07-2024 3/3
3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. (Khatim Reza, J) prabhat/- U T