Patna High CourtCR. MISC./57118/2023allowed

Deepak Kumar v. The State Of Bihar

2023-09-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57118 of 2023 Arising Out of PS. Case No.-180 Year-2023 Thana- BHAGWANPUR District- Vaishali ====================================================== DEEPAK KUMAR Son of Lal Babu Ray Resident of village - Piroi, P.s. - Goraul, Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pratima Kumari For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 272, 273 and 414 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 207 liters of illegal country-made liquor from a Vehicle.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has apprehended on spot. He submitted that the petitioner has no concern either with the seized vehicle or with the wine and the vehicle in question was driven by other co-accused not by this petitioner. No incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.57118 of 2023(2) dt.08-09-2023 2/2 possession of the petitioner. The provision of Section 100 of the Cr.P.C. has not followed in this case. He is languishing in judicial custody since 28.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Bhagwanpur P.S. Case No. 180 of 2023.

(Sunil Kumar Panwar, J) arish/- U