Patna High CourtCR. MISC./65064/2023bail granted

Deepak Kumar Yadav v. The State Of Bihar

2023-10-13Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65064 of 2023 Arising Out of PS. Case No.-191 Year-2023 Thana- DEV District- Aurangabad ====================================================== Deepak Kumar Yadav, Son Of Dinesh Yadav Village Nakti Ps Deo, DistAurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yogesh Kumar, Advocate For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Deo P.S. Case No. 191 of 2023 dated 02.08.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 112 litres of country made liquor was recovered from the Tempo which was being driven by the petitioner. The petitioner was apprehended on the spot.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is only the driver of the said vehicle and

Patna High Court CR. MISC. No.65064 of 2023(2) dt.13-10-2023 2/2 he has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 03.08.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Aurangabad in connection with Deo P.S. Case No. 191 of 2023.

7. The application stands allowed.

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