Deepak Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36869 of 2020 Arising Out of PS. Case No.-398 Year-2020 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Deepak Kumar Yadav, aged about 24 years, Male, Son of Late Rajendra Rai, Resident of Village - Baldiha, P.S. - Jamobazar, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Bardhan Pandey, Advocate For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-02-2021 Learned counsel for the petitioner is permitted to remove the defect within four weeks.

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

The petitioner seeks bail in connection with Gopalganj P.S. Case No. 398 of 2020 registered for the offences punishable under Sections 414, 34 of the Indian Penal Code and Sections 30(a), 41(1) of the Bihar Prohibition and Amendment Excise Act, 2018.

Allegation against the petitioner is that 233.280 liters of foreign liquor has been recovered from the Scorpio vehicle. Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner

Patna High Court CR. MISC. No.36869 of 2020(2) dt.01-02-2021 2/3 rather 233.280 liters of foreign liquor has been recovered from the Scorpio vehicle. Learned counsel for the petitioner further submits that the petitioner is the driver of the said vehicle. Learned counsel for the petitioner further submits that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner further submits that the petitioner has got no criminal antecedent mentioned in paragraph-3 of the bail petition. Learned counsel for the petitioner further submits that the petitioner is in jail custody since 10.07.2020.

Learned A.P.P. for the State opposed the bail petition. Petitioner is agreed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID: pmcares@sbi.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II- Cum- Special Judge. Excise, Gopalganj in connection with Gopalganj P.S. Case No.

Patna High Court CR. MISC. No.36869 of 2020(2) dt.01-02-2021 3/3 398 of 2020.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.10,000/- (Rupees Ten Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) Nasimul/- U T