Patna High CourtCR. MISC./70074/2023allowed

Deepak Kumar v. The State Of Bihar

2023-12-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70074 of 2023 Arising Out of PS. Case No.-671 Year-2023 Thana- BODHGAYA District- Gaya ====================================================== DEEPAK KUMAR SON OF BALESHWAR YADAV RESIDENT OF VILLAGE - SONHATHU, P.S. - GURUA, DISTRICT - GAYA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition & Excise Act.

3. The petitioner is said to have been arrested with a tempo from where, total 70 liters of illicit liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery of liquor. No any incriminating article has been recovered from his possession. He is languishing in judicial custody since 16.8.2023.

Patna High Court CR. MISC. No.70074 of 2023(3) dt.01-12-2023 2/2

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail and submitted that the petitioner is driver of the seized tempo.

6. The petitioner, being driver of the tempo, is directed to deposit a sum of Rs 5,000/- (Five Thousand) in the District Legal Services Authority of concerned District.

7. 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 released on bail in connection with Cherki P.S. Case No. 671 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions judge-Cum-Exclusive Special Excise Court No.1, Gaya.

8. The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 5,000/- (Rs. Five thousand) by the petitioner in the account of the concerned DLSA.

(Sunil Kumar Panwar, J) Amandeep/- U T