Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72654 of 2024 Arising Out of PS. Case No.-181 Year-2024 Thana- Excise P.S. District- Bhojpur ====================================================== Deepak Kumar, Son of Ramanand Chaudhary @ Ramanand Mahto, VillageAkauna, P.S- Udwantnagar, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajendra Nath Sinha, Advocate For the Opposite Party/s :
Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2.The petitioner has prayed for bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that altogether 300 liters of country made liquor was recovered from a tempo.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovered liquor. He is merely a driver of the alleged tempo and he was having no knowledge of the illicit liquor. Nothing incriminating article has been recovered from his conscious possession. Both the seizure list witnesses are police personnel
Patna High Court CR. MISC. No.72654 of 2024(2) dt.08-10-2024 2/2 which is complete violation of Section 100 of Cr.P.C. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 16.08.2024.
5. Learned APP appearing for the State has opposed the prayer of Bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court of Exclusive Special Judge, Excise Court-II, Bhojpur, Ara in connection with Excise P.S. Case No. 181 of 2024. (Ashok Kumar Pandey, J) lata/- U T