Deepak Kumar @ Deepak Kumar Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23026 of 2017 Arising Out of PS.Case No. -711 Year- 2016 Thana -MADHEPURA District- MADHEPURA ======================================================

1. Deepak Kumar @ Deepak Kumar Poddar Son of Chandeshwari Poddar Resident of Village- Baijnathpur, Police Station- Saur Bazar, DistrictSaharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-06-2017 The petitioner seeks regular bail in connection with Madheura (Bharrahi) P.S. Case No. 711 of 2016, registered for offences punishable under Section 279 of the Indian Penal Code and under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Case of the prosecution is that police recovered and seized huge quantity of illicit foreign liquor from a car and seeing the police, the petitioner fled away.

It has been submitted on behalf of the petitioner that that petitioner has falsely been implicated in this case and the car from which the recovery has been made and though it is alleged that the car belong to the petitioner, however, no paper has been brought on record to show that the vehicle is registered in the name of the

Patna High Court Cr.Misc. No.23026 of 2017 (3) dt.29-06-2017 2/3 petitioner. Petitioner has been in judicial custody since 08.03.2017 and so far other criminal antecedents are concerned, he has been remanded in the present case and has been made accused in all those cases. Further other co-accused against who whom similar allegation has been made, has already been granted bail by this Court vide order dated 20.03.2017 passed in Criminal Miscellaneous No. 10501 of 2017.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and also other co-accused having similar allegation has already been granted bail by this Court, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Madhepura, in connection with Madheura (Bharrahi) P.S. Case No. 711 of 2016, subject to the 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.

Patna High Court Cr.Misc. No.23026 of 2017 (3) dt.29-06-2017 3/3 (iii) The petitioner shall cooperate 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 reasons, the prosecution is free to move for cancellation of his bail.

It is also made clear that if the petitioner again found involved in any of such offence, in future, his bail bonds will be cancelled.

(Vinod Kumar Sinha, J) sunil/- U T