Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47124 of 2023 Arising Out of PS. Case No.-237 Year-2023 Thana- BAHERA District- Darbhanga ====================================================== DEEPAK KUMAR Son of Shambhu Prasad Sah Resident of Village-Amaithi, Police Station-Bahera, District-Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saurav Anand, Adv.
For the Opposite Party/s :
Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 11-08-2023 Heard Mr. Saurav Anand, learned counsel appearing on behalf of the petitioner and Ms. Asha Devi, learned A.P.P. for the State.
2. The petitioner apprehend his arrest in connection with Bahera P.S. Case No. 237 of 2023, dated 30.05.2023, registered under Sections 420, 34 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition And Excise Act, 2016.
3. As per allegation made in the F.I.R., total 3155.4 litres of foreign liquor was recovered from a Container bearing Registration No. GJ-070YZ-9550. The petitioner is named in the F.I.R. on the basis of information given by the local Chowkidar.
4. Learned counsel appearing on behalf of the petitioner submits that one F.I.R. has been lodged against the
Patna High Court CR. MISC. No.47124 of 2023(2) dt.11-08-2023 2/3 petitioner of similar nature. The petitioner is not engaged in trade of liquor or its smuggling in any manner. The Container is also not registered in the name of the petitioner. The petitioner is innocent and seeks to be released on bail.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner. He submits that petitioner is having F.I.R. of similar nature and he may indulge in trade of illegal liquor, which will cause loss of life of human beings in the State of Bihar.
6. Having considered the rival submissions made on behalf of the parties as well as the nature of allegation made against the petitioner and considering the fact that the alleged huge quantity of illicit liquor recovered from the Container bearing Registration No. GJ-070YZ-9550 do not belongs to the petitioner, nor the petitioner in any manner involved with the said vehicle. The petitioner appears to have prima facie made out a case to be released on bail. The learned Court below is directed to obtain a report from the District Transport Officer, Darbhanga in connection with the Container bearing Registration No. GJ-070YZ-9550 and if it is found that the registration number is not fake and the said Container is not stolen for which no F.I.R. with respect to the theft of the said
Patna High Court CR. MISC. No.47124 of 2023(2) dt.11-08-2023 3/3 container has been lodged by the owner of the said vehicle, in that case the petitioner is directed to be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Act-II, Darbhanga in connection with Bahera P.S. Case No. 237 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
7. The Court below is further directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph no. 3 of the bail application, this order will automatically loose its force.
(Purnendu Singh, J) pravinkumar/- U T