Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61140 of 2023 Arising Out of PS. Case No.-452 Year-2023 Thana- RAMKRISHNANAGAR District- Patna ====================================================== DEEPAK KUMAR SON OF SURYADEO RAI RESIDENT OF VILLAGEMOHANPUR, KACHHUARA, P.S.-GOPALPUR, DIST- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 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 30(a), 32(ii)(iii), 41 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 80 liters of illegal country-made liquor from a Tempo, which was being driven by the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No.61140 of 2023(2) dt.15-09-2023 2/3 committed no offence. Petitioner has no concern with the seized liquor. He submitted that CNG Tempo Registration No. BR01PM-6555 has been registered in the name of his father and the petitioner used to run said Tempo as a public carrier for earning his livelihood. He further submitted that on the alleged date of occurrence when he was going to Nandlal Chapra in the meantime, co-accused Vikas Sahani boarded in Tempo of the petitioner as passenger and he kept two bags behind said Tempo but due to mistake he could not chek said bags and when he reached at the place, police arrested him along with his Tempo in the name of lack of paper and brought to P.S. No incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 22.07.2023.

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

Patna High Court CR. MISC. No.61140 of 2023(2) dt.15-09-2023 3/3 satisfaction of the learned Court below in connection with Ramkrishnanagar P.S. Case No. 452 of 2023.

(Sunil Kumar Panwar, J) arish/- U