Deepak Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40660 of 2020 Arising Out of PS. Case No.-713 Year-2019 Thana- KUDHNI District- Muzaffarpur ====================================================== DEEPAK SINGH, Son of Sunil Kumar Singh @ Sudani Singh, Resident of Village - Pupri, P.S. - Kudhani (Turki O.P.) District - Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar, Adv.

For the Opposite Party/s :

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-06-2021 Heard Mr. Arun Kumar, the learned Advocate for the petitioner and Ms. Asha Devi, the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Kudhani (Turki O.P.) P.S. Case No. 713 of 2019, instituted for the offences under Sections 188, 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.40660 of 2020(2) dt.17-06-2021 2/3 According to the F.I.R., the petitioner and one Gopal Singh had supplied liquor to one Ram Jeevan Sah. On this information to the police party, a raid was conducted in the house of Ram Jeevan Sah and from there, 50.760 litres of liquor has been recovered.

It has been submitted on behalf of the petitioner that the accusation against him is only on the suspicion that he along with another had supplied the liquor which has been seized from the house of another. This information is based only on suspicion and nothing else. It has further been submitted that there is no recovery from the petitioner and he has got no concern with the affairs of aforesaid Ram Jeevan Sah from whose house the recovery has been made. The petitioner does not have criminal antecedents. The facts stated in the F.I.R., it has been urged, do not makes out a case under anyone of the provisions of the Excise Act.

For the reasons afore-stated, the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is

Patna High Court CR. MISC. No.40660 of 2020(2) dt.17-06-2021 3/3 directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Kudhani (Turki O.P.) P.S. Case No. 713 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T