Patna High CourtCR. MISC./62914/2017bail granted

Deepak @ Deepak Kumar Arya v. The State Of Bihar

2018-01-17Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62914 of 2017 Arising Out of PS.Case No. -614 Year- 2017 Thana -BHABHUA District- BHABHUA (KAIMUR) ====================================================== Deepak @ Deepak Kumar Arya S/o Amendra Arya, R/o Vill.- Bhabhua, Ward No. 18, P.S.- Bhabua, District- Kaimur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Nandan Sahay For the Opposite Party/s : Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-01-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Bhabua P.S. Case No. 614 of 2017 for the offences punishable under Section 30A of the Bihar Prohibition and Excise Act, 2016. The allegation of the prosecution is that when the police had apprehended co-accused Ramashish, 47.70 liters of illicit wine was recovered and on his disclosure, the petitioner was implicated in the present case.

The learned counsel for the petitioner submits that no recovery has been effected from the person of the petitioner and the petitioner has not been apprehended on the spot. It is further submitted that the petitioner has a clean antecedent and is in

Patna High Court Cr.Misc. No.62914 of 2017 (2) dt.17-01-2018 2/2 custody since 13.11.2017.

Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner has a clean antecedent, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge-cum- A.D.J. IVth, Kaimur at Bhabhua in connection with Excise Case No. 1544 of 2017, arising out of Bhabua P.S. Case No. 614 of 2017.

(Mohit Kumar Shah, J) BTiwary/- U T