Deepak Singh @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48425 of 2021 Arising Out of PS. Case No.-132 Year-2021 Thana- BARAUNI District- Begusarai ====================================================== DEEPAK SINGH @ DEEPAK KUMAR Son of Wakil Prasad Singh @ Wakil Singh Resident of Village - Bihat Gurudaspur Tola (Zero Mile), P.S. - Barauni (Zero Mile) District - Begusarai.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jai Prakash Singh, Adv.

For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-12-2021 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Barauni (Zero Mile O.P.) P.S. Case No. 132 of 2021 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, 2018.

Recovery is of 45 liters of foreign liquor.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. In fact,

Patna High Court CR. MISC. No.48425 of 2021(2) dt.16-12-2021 2/3 nothing has been recovered from the conscious possession of the petitioner. Accoding to the seizure list, the alleged recovery has been made from a Wagon R Car having registration No. DL3CAP-6598 but the petitoner has no concern with the alleged vehicle and the seized liquor. Moreover, the co-accused, namely, Saurav Kumar, who is said to be owner of the alleged vehicle, has already been granted bail by a co-ordinate Bench of this Court vide order dated 02.11.2021 passed in Cr. Misc. No. 44066 of 2021. The petitioner is rotting in judicial custody since 22.06.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge- II- Cum- Special Judge, Excise Act, Begusarai in connection with Barauni (Zero Mile O.P.) P.S. Case No. 132 of 2021 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the

Patna High Court CR. MISC. No.48425 of 2021(2) dt.16-12-2021 3/3 Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) 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.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) braj/- U T