Patna High CourtCR. MISC./44102/2023bail granted

Deepak Kumar v. The State Of Bihar

2023-07-26Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44102 of 2023 Arising Out of PS. Case No.-234 Year-2023 Thana- ROSERA District- Samastipur ====================================================== Deepak Kumar Son Of Baijnath Singh @ Baidanath Singh Resident Of Village - Malti Ward No.1, P.S. - Ujiarpur, District - Samastipur ... ... Petitioner/s

Versus

The State Of Bihar , Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-07-2023 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.

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

3. The petitioner has preferred this application for grant of regular bail in connection with Rosera P.S. Case No. 234 of 2023 dated 01.04.2023 registered for the offences u/ss 272, 273, 420, 467, 468, 471, 120B of the Indian Penal Code and sections 30(a), 30(b), 32, 41 and 62 of the Bihar Prohibition and Excise Act.

As per the prosecution case, total 4576.32 litres of Indian made foreign liquor was recovered from three vehicles. Learned counsel for the petitioner has submitted that the

Patna High Court CR. MISC. No.44102 of 2023(2) dt.26-07-2023 2/2 petitioner is innocent and has falsely been implicated in this case. The petitioner is neither the driver nor the owner of the said vehicle. The petitioner has no concern with alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 02.04.2023. Learned A.P.P. for the State has vehemently opposed the 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, Samastipur in connection with Rosera P.S. Case No. 234 of 2023. The application stands allowed.

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