Deepak Kuma @ Deepak Kumar @ Dipak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42910 of 2022 Arising Out of PS. Case No.-141 Year-2022 Thana- KHAGAUL District- Patna ====================================================== Deepak Kuma @ Deepak Kumar @ Dipak Kumar S/O Harilal Yadav Resident of Mohalla- Belbar Ganj, Near Anand Mall, Patnacity, P.S.- Alamganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhimanyu Deo, Adv.

For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-08-2022 Let the defect, if any, be removed within two weeks from today.

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

The petitioner seeks regular bail in connection with Khagaul P.S. Case No. 141 of 2022 lodged under Section 30(a) of Bihar Prohibition and Excise Act.

As per the prosecution case, total recovery 57.7 litres foreign liquor was made from a car, namely, Swift Desire. The petitioner is the driver of the said car.

Learned counsel for the petitioner submits that petitioner is a driver of the car and his owner has directed him to move for destination. He is completely unaware that what is kept in the car. He submits that the antecedent of the petitioner

Patna High Court CR. MISC. No.42910 of 2022(2) dt.30-08-2022 2/2 is clean and he is in custody since 28.05.2022, charge sheet has already been filed in this case.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Danapur, Patna in connection with Khagaul P.S. Case No. 141 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond. B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J) sadique/- U T