Deepak Kumar Deep v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5102 of 2021 Arising Out of PS. Case No.-136 Year-2020 Thana- BAUSI District- Purnia ====================================================== DEEPAK KUMAR DEEP, S/O SUNIL KUMAR DAS RESIDENT OF MATHURAPUR, JAGDISHPUR BAGHNAGARI, P.S.-SAKRA, DISTRICT-MUZAFFARPUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Fazle Karim For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-09-2021 Heard Mr. Md. Fazle Karim, learned advocate for the petitioner and Mr. Syed Mojibur Rahman, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Baisi P. S. Case No. 136 of 2020, dated 10.06.2020, instituted for the offences under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act, 2016.

The accusation in the F.I.R. is that the vehicle belonging to the petitioner was intercepted from where

Patna High Court CR. MISC. No.5102 of 2021(2) dt.17-09-2021 2/3 694.080 litres of liquor was recovered. The aforesaid consignment of liquor was hidden under the packets of vegetables.

The learned advocate for the petitioner has submitted that the vehicle in question is a commercial vehicle which was a given on rent to the driver with specific instruction to him not to indulge in any illegal activity.

The driver who was arrested, namely, Abhishek Yadav has actually played truant.

Merely because the vehicle in question stands in the name of the petitioner, it has been urged, the offence under the Excise Act cannot be said to have been made out against the petitioner as he had no knowledge about the liquor being transported by the said vehicle.

The petitioner does not have criminal antecedents.

Considering the afore-stated facts, the

Patna High Court CR. MISC. No.5102 of 2021(2) dt.17-09-2021 3/3 petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, Purnea, in connection with Baisi P. S. Case No. 136 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T