Patna High CourtCR. MISC./67066/2023bail granted

Deepak Sah @ Deepak Kumar v. The State Of Bihar

2023-10-17Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67066 of 2023 Arising Out of PS. Case No.-434 Year-2023 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== DEEPAK SAH @ DEEPAK KUMAR S/O PAWAN SAH @ PAWAN SAHU R/O VILLAGE- KHARUA, P.S- SADAR, DISTT.- DARBHANGA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baidya Nath Prasad For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-10-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Sadar P.S. Case No. 434 of 2023 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

4. As per the prosecution case 315 liters of Nepali liquor was recovered from the orchard and hut of the petitioner.

5. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case only on the basis of suspicion due to previous enmity and because of the village politics.

5. Learned counsel for the petitioner has also offered to pay Rs. 40,000/- in a charitable organization.

6. Learned counsel for the petitioner also submits that the petitioner is in custody since 30.08.2023.

Patna High Court CR. MISC. No.67066 of 2023(2) dt.17-10-2023 2/2

7. Learned A.P.P. has vehemently opposed the prayer for bail.

8. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

9. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge-I (Excise Act), Darbhanga in connection with Sadar P.S. Case No. 434 of 2023.

10. As a condition of this order, the bail bond of the petitioner shall only be accepted by the Court below if the petitioner brings a receipt of payment of Rs. 40,000/- in favour of Ram Krishna Mission Sevashram, Bela, Muzaffarpur.

11. The petitioner will mark his attendance at Darbhanga Sadar Police Station on the first Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner. (Sandeep Kumar, J) Vikas/- U T