Deepak Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50409 of 2022 Arising Out of PS. Case No.-73 Year-2022 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== DEEPAK SINGH Son of Rambilas Singh @ Ramvilas Singh R/V- Kheman Rai (Gahmar) P.S- Gahmar, Dist- Gajipur Up ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Usha Rai For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 30-09-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State in virtual court proceeding. The petitioner seeks bail in connection with Durgawati P.S. Case No. 73 of 2022 registered for the offences punishable under Section 30(a) of the Bihar Excise and Prohibition Act, 2018.

As per prosecution case, there is alleged recovery of 691.200 liter illicit liquor from the vehicle in question. There is allegation against the petitioner that he is indulged in supply of illicit liquor.

Learned counsel for the petitioner submits that petitioner is in custody since 06.08.2022. Petitioner bears no

Patna High Court CR. MISC. No.50409 of 2022(2) dt.30-09-2022 2/3 criminal antecedent. He further submits that nothing has been recovered from the conscious possession of the petitioner. Petitioner is not concerned with the seized illicit wine or vehicle in question. Petitioner is not apprehended on the spot. The name of the petitioner has been surfaced on the confessional statement of apprehended co-accused Raju Kumar.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, petitioner is not apprehended on the spot, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise - II, Kaimur at Bhabua in connection with Durgawati P.S. Case No. 73 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will

Patna High Court CR. MISC. No.50409 of 2022(2) dt.30-09-2022 3/3 remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) alok/- U T