Deapak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51347 of 2021 Arising Out of PS. Case No.-194 Year-2021 Thana- DUMRA District- Sitamarhi ====================================================== Deapak Kumar Son Of Pramod Sahni Resident Of Village -Premnagar Bhale Ward No. 1 P.S- Runnisaidpur Dist- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Virendra Kumar, Advocate For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-12-2021 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of Covid 19 pandemic, requiring social distancing.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Dumra P.S. Case No. 194 of 2021 instituted for the offences under Sections 30(a), 36 and 41 of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner submits that the petitioner is in custody since 03.06.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.51347 of 2021(2) dt.24-12-2021 2/2 allegation is of recovery of 2014.440 litres of liquor from a motorcycle of petitioner and co-accused and from a truck. Learned counsel for the petitioner submits that out of 2014.440 litres, from possession of this petitioner only 21.600 litre is alleged to have been recovered. It is further submitted that nothing was recovered from the possession of this petitioner rather the liquor was planted and shown to have been recovered from the petitioner.
Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.
Considering the fact that the petitioner is in custody since 03.06.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II-cum-Special Judge, Excise Act, Sitamarhi in connection with Dumra P.S. Case No. 194 of 2021. (Satyavrat Verma, J) Rishi/- U T