Patna High CourtCR. MISC./52636/2023bail granted

Deepak Kumar v. The State Of Bihar

2023-08-19Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52636 of 2023 Arising Out of PS. Case No.-28 Year-2023 Thana- HATHIDAH District- Patna ====================================================== DEEPAK KUMAR S/O SRI DEVNANDAN RAM @ DEBU RAM R/O VILLAGE- DARGAHI TOLA, PS. HATHIDAH, DIST. PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Manglam, Adv.

For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-08-2023 Heard Mr. Kumar Manglam, learned counsel appearing on behalf of the petitioner and Mr. Gauri Shankar Gupta, learned A.P.P. for the State.

2. The petitioner apprehend his arrest in connection with Hathidah P.S. Case No. 28 of 2023, dated 27.04.2023, registered under Sections 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.

3. As per allegation made in the F.I.R. total 91.95 liters foreign liquor was recovered from the gali near Union Bank of India situated in front of the house of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that four criminal cases have been lodged against the petitioner and in this regard clear statement has been made in paragraph-3 of the bail application. However, so far as

Patna High Court CR. MISC. No.52636 of 2023(2) dt.19-08-2023 2/3 allegation made in the present F.I.R., recovery has been made from the gali near the Union Bank of India, situated in front of the house of the petitioner. The alleged foreign liquor does not belongs to the petitioner, nor the petitioner is relating to the trade of illegal liquor. The petitioner is ready to abide by any condition of the Court.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner and submits that petitioner has however criminal antecedents.

6. Considering the nature of allegation as well as the recovery of foreign liquor which was lying near the gali of Union Bank of India in front of the house of the petitioner. Learned counsel submits that petitioner is ready to abide by undertaking that he will not indulge in trade of liquor in future.

7. In case such affidavit is filed, the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of three 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, Barh, Patna in connection with Hathidah P.S. Case No. 28 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.52636 of 2023(2) dt.19-08-2023 3/3 and till then no coercive steps shall be taken against the petitioner.

8. In case, such affidavit is not filed within three weeks, this order will automatically loose its force. (Purnendu Singh, J) pravinkumar/- U T