Deepak Kumar @ Depek Kumar @ Dipu Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.45640 of 2017 (2) dt.19-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45640 of 2017 Arising Out of PS.Case No. -353 Year- 2017 Thana -SHASTRINAGAR District- PATNA ======================================================

1. DEEPAK KUMAR @ DEPEK KUMAR @ DIPU KUMAR son of Shri Krishna Prasad C/o Shri Shiv Lal Ray, resident of village Nand Gaon, Shastri Nagar, P.S. - Shastri Nagar, District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Amrit Abhijat For the Opposite Party/s : Mr. Sri Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with Special Case No.3184 of 2017 (arising out of Shastri nagar P.S.Case No.353 of 2017) registered for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. Allegation against the petitioner is about recovery of 22 bottles of royal stag wine of 750 ml. each. Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case. The petitioner has no criminal antecedent and he is in custody since 31.7.2017.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.45640 of 2017 (2) dt.19-09-2017 circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Special Case No.3184 of 2017 (arising out of Shastri Nagar P.S.Case No.353 of 2017).

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T