Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47873 of 2024 Arising Out of PS. Case No.-1035 Year-2024 Thana- Excise P.S. District- Patna ====================================================== 1.

Deepak Kumar Son Of Sushil Singh @ Sushil Kumar @ Sunil Singh @ Sunil Kumar R/O Vill.- Keshurai Gali, Tedi Ghat, Police Station - Khanjekalan, District- Patna.

2.

Chhotu Sah Son Of Satyanarayan Sah R/O Vill-Sabji Chowk, P.S.-CHOWK, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Adv For the Opposite Party/s :

Mr. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-07-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Excise Prohibition P.S. Case No. 1035 of 2024 dated 03.05.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 80 liters of illicit country made liquor was recovered from the Kangan Ghat near the bank of the Ganga River in two jute sacks.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.47873 of 2024(2) dt.09-07-2024 2/2 implicated in this case. The petitioners have no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 04.05.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioners and the period of custody, the petitioners abovenamed, 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, Patna, in connection with Excise Prohibition P.S. Case No. 1035 of 2024.

7. The application stands allowed.

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