Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38726 of 2023 Arising Out of PS. Case No.-52 Year-2022 Thana- MANIYARI District- Muzaffarpur ====================================================== Deepak Kumar, Son Of Shivchandra Rai, Resident Of Village- Mahua Singh Rai, Ps- Mahua, Distt- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saroj Kumar Choudhary, Advocate For the Opposite Party/s :

Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Maniari P.S. Case No. 52 of 2022 dated 14.02.2022 registered for the offences punishable u/ss 420, 467, 468, 471 and 120B of the Indian Penal Code and u/ss 30(a), 36 and 41 of the Bihar Prohibition and Excise Act. As per the prosecution case, 1916.250 litres of illicit foreign liquor was recovered from a container. The apprehended person disclosed the name of the petitioner and the other coaccused persons. It is further stated that the petitioner and the co-

Patna High Court CR. MISC. No.38726 of 2023(2) dt.05-07-2023 2/2 accused persons are indulged in illegal business of liquor. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is also accused in five other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 18.03.2023.

Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Muzaffarpur in connection with Maniari P.S. Case No. 52 of 2022. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T