Patna High CourtCR. MISC./63135/2023bail granted

Deepak Kumar v. The State Of Bihar

2023-10-06Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63135 of 2023 Arising Out of PS. Case No.-1688 Year-2023 Thana- Excise P.S. District- East Champaran ====================================================== Deepak Kumar Son of Rameshwar Ram @ Rameshwar Rai R/O Vill - Barharwa Khurd, P.S. - Kundwachainpur, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise P.S. Case No. 1688 of 2023 dated 28.07.2023 instituted for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, police on receipt of secret information, intercepted a car bearing registration no. DL-3CBJ-1075. On seeing the police party, the driver and the other person tried to flee away after leaving the car but, on chase, they were apprehended. On query, they disclosed their names as Sumit Kumar Jaiswal (driver) and Deepak Kumar (petitioner). On search, police recovered 180 litres of Nepali

Patna High Court CR. MISC. No.63135 of 2023(2) dt.06-10-2023 2/2 country made liquor from the dickey of the car.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has clean antecedent as has been stated in paragraph no.3 of the present bail petition. The petitioner is in judicial custody since 29.07.2023.

5. Learned APP has vehemently opposed the bail petition of the petitioner.

6. Considering the entire facts and circumstances of the case and there being no criminal antecedent of the petitioner, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.2, Motihari, East Champaran in connection with Excise P.S. Case No. 1688 of 2023.

7. The petition stands allowed.

(Chandra Prakash Singh, J) rishi/- U T