Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6243 of 2021 Arising Out of PS. Case No.-388 Year-2020 Thana- AKBARPUR District- Nawada ====================================================== 1.

DEEPAK KUMAR S/o Shyam Lal Laheri RESIDENT OF VILLAGE RAJDHANWAN, P.S- RAJDHANWAN,DISTRICT GIRIDIH 2.

SUNIL KUMAR @ BANTI S/O SANTOSH PRASAD @ SANTOSH RAM RESIDENT OF VILLAGE-DOBHARA, P.S.-BUNDELKHAND, DISTRICT-NAWADA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Nawal Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-04-2021 Heard Mr. Sheo Kumar Prasad, learned counsel for the petitioners and Mr. Nawal Kishore Prasad, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioners seek regular bail in connection with Akbarpur P.S. Case No. 388 of 2020 registered for the offences punishable under Section(s) 420, 414 of the Indian Penal Code, 1860 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation as per the First Information Report is that from the Bolero vehicle parked near the house of the one Srikant Singh, the Police recovered 446 litres of illicit country

Patna High Court CR. MISC. No.6243 of 2021(2) dt.12-04-2021 2/3 made liquor from the same and from the godown situated in the house of Srikant Singh 126 litres of illicit foreign liquor and 212 litres Beer.

Learned counsel for the petitioners submits that the petitioner No. 1 is driver and petitioner No. 2 is labour and they were not aware about the consignment of the liquor being kept inside the vehicle and they were plying the vehicle at the instance of its owner. Learned counsel further submits that the petitioners have got no criminal antecedents and they are in custody since 23.7.2020.

Having regard to the submissions made by the parties and taking into consideration the materials on record, the fact that the petitioner No. 1 is driver and petitioner No. 2 is labour and they are in custody since 23.7.2020, I am inclined to grant regular bail to the petitioners.

Accordingly, let the petitioners, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II cum Special Judge, Nawada, in connection with Akbarpur P.S. Case No. 388 of 2020.

It is made clear that at the time of furnishing bail

Patna High Court CR. MISC. No.6243 of 2021(2) dt.12-04-2021 3/3 bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T