Patna High CourtCR. MISC./69001/2023bail granted

Deepak Kumar v. The State Of Bihar

2023-11-01Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69001 of 2023 Arising Out of PS. Case No.-1199 Year-2023 Thana- Excise P.S. District- Jamui ====================================================== 1.

DEEPAK KUMAR S/O GARIB RAM R/O VILLBIHAT(SADANANDPUR), PS-BARAUNI, DIST-BEGUSARAI 2.

MANGAL KUMAR S/O SHANKAR SAO @ SHANKAR SAH R/O VILLBIHAT(ISMAILPUR), PS-BARAUNI, DIST-BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-11-2023 Heard the learned counsel for the petitioners 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 petitioners seek bail in connection with JAM P.S. Case No. 1199 of 2023 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act (Amendment), 2018.

4. As per the prosecution case, 315 litres of English Wine has been recovered from a Bolero Pick Up.

5. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence as

Patna High Court CR. MISC. No.69001 of 2023(2) dt.01-11-2023 2/2 nothing has been recovered from the conscious possession of the petitioners.

6. Learned counsel for the petitioners also submits that the petitioners are in custody since 04.09.2023.

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 petitioners, 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, Excise II, Jamui in connection with JAM P.S. Case No. 1199 of 2023.

10. The petitioners will mark their attendance at Barauni 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